Fraser v. Ætna Life Insurance Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Mani-towoc county: Michael KiuwaN, Circuit Judge. Action on a $5,000 insurance policy issued to Albert Lan-dretb. April 10, 1889, on a plan requiring a readjustment every ten years of the amount of premium to be paid yearly. The premium was fixed at $39.35 each six months for the. first period. At the end thereof the policy was renewed on the same terms and conditions as before. The assured assigned the policy to his wife.
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Appeal from a judgment of the circuit court for Mani-towoc county: Michael KiuwaN, Circuit Judge. Action on a $5,000 insurance policy issued to Albert Lan-dretb. April 10, 1889, on a plan requiring a readjustment every ten years of the amount of premium to be paid yearly. The premium was fixed at $39.35 each six months for the. first period. At the end thereof the policy was renewed on the same terms and conditions as before. The assured assigned the policy to his wife. He died April 15, 1899. Formal proofs of the maturity of the policy were duly made. The widow assigned the policy claim to…
1Opinion of the CourtMarshall, J.
We are unable to see any merit in the grounds upon which the trial court ordered judgment for plaintiff. It is conceded that the policy was forfeited for nonpayment of the premium due April 10, 1899; that satisfactory proof of good health of tbe assured was demanded as a condition precedent to reviving it; that proof in that regard was submitted by the person who assumed to have authority to and did send tbe money to pay tbe premium; that tbe application for tbe renewal of tbe policy stipulated that favorable action thereon should not be effective if the representations as. to tbe assured…
2Cases cited22 opinions
- Rice v. Fidelity & Deposit Co.Court of Appeals for the Eighth Circuit · 1900
- Gans v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1877
- Webster v. Phœnix InsuranceWisconsin Supreme Court · 1874
- McDermott v. JacksonWisconsin Supreme Court · 1897
- Cannon v. Home Insurance Company of New YorkWisconsin Supreme Court · 1881
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3Cited by36 opinions
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
- Glens Falls Insurance Co. v. MichaelIndiana Supreme Court · 1905
- Swedish American National Bank of Minneapolis v. KoebernickWisconsin Supreme Court · 1908
- Pabst Brewing Co. v. City of MilwaukeeWisconsin Supreme Court · 1905
- Danville Lumber & Manufacturing Co. v. Gallivan Building Co.Supreme Court of North Carolina · 1919
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