Legal Opinion

Speiser v. Phœnix Mutual Life Insurance

Wisconsin Supreme Court

Decided November 17, 1903PublishedCited by 5 opinions

Appeal from a judgment of the circuit court for Milwaukee county: Wabbeet D. TabRant, Circuit Judge. It appears from the record, and is undisputed, that April 11, 1900, the defendant issued its policy of insurance on the life of Delia ..Speiser, of Milwaukee, for the amount of $3,000, payable to her minor children, the plaintiffs in this action; that August 19, 1900, the assured, Delia Speiser, died in Milwaukee; that August 31, 1900, notice and proofs of her death were…

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Appeal from a judgment of the circuit court for Milwaukee county: Wabbeet D. TabRant, Circuit Judge. It appears from the record, and is undisputed, that April 11, 1900, the defendant issued its policy of insurance on the life of Delia ..Speiser, of Milwaukee, for the amount of $3,000, payable to her minor children, the plaintiffs in this action; that August 19, 1900, the assured, Delia Speiser, died in Milwaukee; that August 31, 1900, notice and proofs of her death were given to and received by the defendant; that February 9, 1901, Morris Speiser was appointed guardian ad litem of the…

1Opinion of the CourtCassoday, C. J.

In the deposition of the vice president of the Home Life Insurance Company of Hew York he testified to the effect that October 21, 1899, the assured made application to that company for insurance, and the witness produced the original application for $2,000 life insurance, signed by Delia Speiser, and the same was marked as an exhibit attached to the deposition; but, as the' witness refused to allow such original to go out of the office, a certified copy was produced, and annexed -to such deposition in place of the original. That company could not have been compelled to surrender its private…

2Cases cited9 opinions

  1. Renier v. Dwelling House InsuranceWisconsin Supreme Court · 1889
  2. Miner v. Phœnix InsuranceWisconsin Supreme Court · 1871
  3. Hanf v. Northwestern Masonic Aid Ass'nWisconsin Supreme Court · 1890
  4. Bonner v. Home Insurance Co.Wisconsin Supreme Court · 1861
  5. Trustees of St. Clara Female Academy of Sinsinawa Mound v. Northwestern National Insurance Co.Wisconsin Supreme Court · 1898

4 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Noble v. United Benefit Life InsuranceSupreme Court of Iowa · 1941
  2. Bruger v. Princeton & St. Marie Mutual Fire InsuranceWisconsin Supreme Court · 1906
  3. McKinnon v. Massachusetts Bonding & Insusance Co.Wisconsin Supreme Court · 1933
  4. Newburg v. United States Fidelity & Guaranty Co.Wisconsin Supreme Court · 1932
  5. McCord v. Illinois National Fire InsuranceIndiana Court of Appeals · 1911

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