Rockwell v. Mutual Life Insurance Co. of Wisconsin
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waukesha County. This action was brought in 1864. The decisions of the court upon two former appeals will be found reported in 20 Wis. 335, and 21 Wis. 548. On the third trial, the evidence showed substantially the same facts which are stated at length in the report last cited.
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APPEAL from the Circuit Court for Waukesha County. This action was brought in 1864. The decisions of the court upon two former appeals will be found reported in 20 Wis. 335, and 21 Wis. 548. On the third trial, the evidence showed substantially the same facts which are stated at length in the report last cited. Some additional facts were shown as to the circumstances under which the renewal receipt of October 6, 1862 (with a memorandum written across its face stating that the policy was renewed on condition that the assured was in good health at that time) was retained; and as to the request…
1Opinion of the Court
The following opinion was filed at the June term, 1868.
Paine, J.
The sole question reserved for the jury to pass upon by the former decisions in this case, was, whether the renewal of the policy was conditional or not. And it was held that, in determining this question, the jury might consider all the surrounding circumstances : the relations between the parties, their previous and subsequent conduct, and everything tending to throw any light upon their real intentions in the negotiations that took place between them. On the last trial this question was submitted to them; and it is evident…
2Cases cited1 opinion
- Strohn v. Detroit & Milwaukee Railway Co.Wisconsin Supreme Court · 1867
3Cited by3 opinions
- Rasmusen v. New York Life InsuranceWisconsin Supreme Court · 1895
- Garretson v. Equitable Mutual Life & Endowment Ass'nSupreme Court of Iowa · 1895
- Seefeld v. ThackerWisconsin Supreme Court · 1896