Hall v. Wisconsin Life Insurance

There can be no question but that upon the facts the plaintiff is, as a matter of law, entitled to judgment against the defendant in the amount found by the trial court. Smith v. Northwestern Nat. L. Ins. Co. 123 Wis. 586, 102 N. W. 57.

*510On behalf of the defendant it is contended that under the authority of the case of United Order of Foresters v. Miller, 178 Wis. 299, 190 N. W. 197, the defendant is entitled to equitable relief apportioning the funds in the hands of the defendant on the basis of the premiums paid by the plaintiff and other policy-holders. The rights of the plaintiff under his…