Legal Opinion

Wheelock v. Clark

Wyoming Supreme Court

Decided April 14, 1913No. 743PublishedCited by 9 opinions

Error to the District Court, Fremont County, Hon. Charles E. Carpenter, Judge. The action was brought by Jesse M. Wheelock against William Scott Clark upon a promissory note given at the time of an application for life insurance for the amount of the first annual premium. From a judgment for the defendant the plaintiff brought error. The other material facts are stated in the opinion.

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Error to the District Court, Fremont County, Hon. Charles E. Carpenter, Judge. The action was brought by Jesse M. Wheelock against William Scott Clark upon a promissory note given at the time of an application for life insurance for the amount of the first annual premium. From a judgment for the defendant the plaintiff brought error. The other material facts are stated in the opinion. It is the duty of the court to give such instructions upon the law as may be necessary, and that duty is not excused by the failure of counsel to request specific instructions good in law and applicable to the…

1Opinion of the Court

Beard,- Justice.

The plaintiff in error, Wheelock, brought this action in the District Court of Eremont county against the defendant in error, Clark, on a promissory note. There was a trial to a jury resulting in a verdict for defendant, judgment was entered on the verdict, and Wheelock brings error.

The undisputed facts are that Wheelock was the general agent at Denver, Colorado, of the Northwestern Mutual Life Insurance Company of Milwaukee, Wisconsin, and that Allen & Galloway, the payees of the note, were the special agents of the plaintiff for soliciting applications for life insurance for…

2Cases cited4 opinions

  1. Northwestern Mutual Life Insurance v. NeafusCourt of Appeals of Kentucky · 1911
  2. Travis v. Nederland Life Ins.Court of Appeals for the Eighth Circuit · 1900
  3. John R. Davis Lumber Co. v. Scottish Union & National InsuranceWisconsin Supreme Court · 1896
  4. Julius Winter, Jr. & Co. v. ForrestCourt of Appeals of Kentucky · 1911

3Cited by9 opinions

  1. Reynolds v. Northwestern Mutual Life InsuranceSupreme Court of Iowa · 1920
  2. Olson v. American Central Life InsuranceSupreme Court of Minnesota · 1927
  3. K. C. Working Chemical Co. v. Eureka-Security Fire & Marine InsuranceCalifornia Court of Appeal · 1947
  4. Smiley v. Prudential Insurance Co. of AmericaMichigan Supreme Court · 1948
  5. Hansen v. Continental Casualty Co.Washington Supreme Court · 1930

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