Legal Opinion

Bachmeyer v. Mutual Reserve Fund Life Ass'n

Wisconsin Supreme Court

Decided March 16, 1894PublishedCited by 12 opinions

APPEAL from the Circuit Court for Milwaukee County. This is an action upon a contract between the defendant and Ludwig Bachmeyer, whereby he insured his life in the sum of $2,000, upon the conditions therein stated, for the use and benefit of the plaintiff, who was his wife. The case was before this court in 82 Wis. 255, where the principal facts are stated, and a judgment in favor of the respondent was reversed and a new trial awarded upon the grounds there stated.

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APPEAL from the Circuit Court for Milwaukee County. This is an action upon a contract between the defendant and Ludwig Bachmeyer, whereby he insured his life in the sum of $2,000, upon the conditions therein stated, for the use and benefit of the plaintiff, who was his wife. The case was before this court in 82 Wis. 255, where the principal facts are stated, and a judgment in favor of the respondent was reversed and a new trial awarded upon the grounds there stated. The policy of insurance contains the following stipulation: “Death of a member by his own band, whether voluntary or…

1Opinion of the CourtPinney, J.

1. When this case was here on a former occasion [82 Wis. 255] the judgment of the circuit court was reversed because that court, upon the proofs as they then stood, withdrew from the consideration of the jury the question whether Bachmeyer was insane or not when he took the poison that caused his death, for the reason that this fact, if it existed, had an important bearing on the question whether he “ died by his own hand,” within the meaning of the policy. The provision of the policy is that “ death of the member by his own hand, whether voluntary or involuntary, sane or insane at the time,…

2Cases cited5 opinions

  1. Pierce v. Travelers' Life Insurance Co.Wisconsin Supreme Court · 1874
  2. Karow v. Continental InsuranceWisconsin Supreme Court · 1883
  3. Penfold v. . Universal Life Insurance Co.New York Court of Appeals · 1881
  4. Bigelow v. DoolittleWisconsin Supreme Court · 1874
  5. Bachmeyer v. Mutual Reserve Fund Life Ass'nWisconsin Supreme Court · 1892

3Cited by12 opinions

  1. Cady v. Fidelity & Casualty Co. of New YorkWisconsin Supreme Court · 1908
  2. Johns v. Northwestern Mutual Relief Ass'nWisconsin Supreme Court · 1895
  3. Modern Woodmen of America v. CraigerIndiana Supreme Court · 1910
  4. Hart v. Fraternal AllianceWisconsin Supreme Court · 1901
  5. Butero v. Travelers' Accident Insurance Co.Wisconsin Supreme Court · 1897

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