McDonald v. Provident Savings Life Assurances Society
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Marathon county: W. C. SilveRthobN, Circuit Judge. Action to recover on an insurance policy. One Harris, a general agent of the defendant insurance society, took Donald McDonald’s application for life insurance therein for $5,000, the application being accompanied by the applicant’s-note for $315.25, the amount of the first premium, payable ten days after the date thereof to the order of the assurer..
Read the full summary
Appeal from a judgment of the circuit court for Marathon county: W. C. SilveRthobN, Circuit Judge. Action to recover on an insurance policy. One Harris, a general agent of the defendant insurance society, took Donald McDonald’s application for life insurance therein for $5,000, the application being accompanied by the applicant’s-note for $315.25, the amount of the first premium, payable ten days after the date thereof to the order of the assurer.. On the margin o’f the note were these words: “ To be returned if not accepted by P. S. L.” The application contained this provision: “The…
1Opinion of the CourtMaRshall, J.
Several assignments of error which are discussed at considerable length in the briefs of counsel do not need attention because of the conclusions we have reached on the main question in the case, that is, whether the note was taken in payment of the first premium upon the policy. We shall discuss that question, assuming for the purpose of it that the policy was delivered to McDonald to be retained by him.
It is conceded that Harris was a general agent of the society, not a mere local agent, and as such had authority, at the time of the delivery of the policy, to bind his principal by an…
2Cases cited4 opinions
- Hyer v. City of JanesvilleWisconsin Supreme Court · 1898
- Cawley v. La Crosse City Railway Co.Wisconsin Supreme Court · 1898
- Aultman v. JettWisconsin Supreme Court · 1877
- O'Brien v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1899
3Cited by13 opinions
- Erickson v. ToddSouth Dakota Supreme Court · 1934
- Tomsecek v. Travelers' Insurance Co.Wisconsin Supreme Court · 1902
- Lyon v. Aetna Life Insurance CompanyIndiana Court of Appeals · 1942
- Reliance Life Insurance v. Gulley's AdministratrixSupreme Court of Virginia · 1922
- McLendon v. Woodmen of the WorldTennessee Supreme Court · 1901
8 more not listed; retrieve them via the Exa API.