Legal Opinion

United States Mutual Accident Ass'n v. Barry

Supreme Court of the United States

Decided May 13, 1889No. 240PublishedCited by 418 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF WISCONSIN. This was an action at law brought in the County Court of Milwaukee County, in the State of Wisconsin, by Theresa A. Barry, a citizen of Wisconsin, against the United States-Mutual Accident Association, a New York corporation, to recover $5000, with interest thereon at seven per cent per annum, from July 15th,, 1883, on a policy of insurance issued by the defendant on June 23d, 1882. The…

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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF WISCONSIN. This was an action at law brought in the County Court of Milwaukee County, in the State of Wisconsin, by Theresa A. Barry, a citizen of Wisconsin, against the United States-Mutual Accident Association, a New York corporation, to recover $5000, with interest thereon at seven per cent per annum, from July 15th,, 1883, on a policy of insurance issued by the defendant on June 23d, 1882. The case, after answer, was removed by the defendant into the Circuit Court of the United States for the Eastern District of…

1Opinion of the Court

Mr. Justice Blatchford,

after stating the case as above reported, delivered the opinion of the court.(1) When the trial took place, in December, 1885, the following provision of the state statute was in force in Wisconsin, (Eev.Stat. of Wisconsin, 1878, 760, § 2858, title 25, 0. 128:) “ The . court, in its discretion, may, and when either party, at or before the close of the testimony and before any argument to the jury is made or waived, shall so request, the court shall direct the jury to find a special verdict. Such verdict shall be prepared by the court in the form of questions, in…

2Cases cited2 opinions

  1. Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
  2. NUDD v. Burrows, AssigneeSupreme Court of the United States · 1875

3Cited by418 opinions

  1. Landress v. Phoenix Mutual Life InsuranceSupreme Court of the United States · 1934
  2. Lewis v. Ocean Accident & Guarantee Corp.New York Court of Appeals · 1918
  3. G.S. v. Department of Human ServicesSupreme Court of New Jersey · 1999
  4. Western Commercial Travelers' Ass'n v. SmithCourt of Appeals for the Eighth Circuit · 1898
  5. Spokane & Inland Empire Railroad v. CampbellSupreme Court of the United States · 1916

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