Dean v. Dean
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Rock county: Geobge Gbihm, Circuit Judge. The action, is brought by the plaintiffs, who are the children -of Chauncey B. Dean, deceased, by his first marriage, to recover upon a benefit certificate for $2,000 issued December 23, 1898, by the Mystic Workers of the World, a fraternal order, on the life of said Chauncey B. Dean.
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Appeal from a judgment of tbe circuit court for Rock county: Geobge Gbihm, Circuit Judge. The action, is brought by the plaintiffs, who are the children -of Chauncey B. Dean, deceased, by his first marriage, to recover upon a benefit certificate for $2,000 issued December 23, 1898, by the Mystic Workers of the World, a fraternal order, on the life of said Chauncey B. Dean. The money having been brought into court by the order, Olara B. Dean, widow of the said Chauncey, was substituted as the defendant in the action and the action was tried by the court without a jury. The material facts were…
1Opinion of the Court
Winslow, O. J.
The contract was an Illinois contract and controlled by Illinois law. Testimony was received against objection showing what the law of Illinois was regarding the effect of a change in the by-laws upon such contracts, although the Illinois law had not been pleaded. Strictly speaking, foreign law should doubtless be pleaded before evidence thereof is admissible. White v. M., St. P. & S. S. M. R. Co. 147 Wis. 141, 133 N. W. 148; Elmergreen v. Weimer, 138 Wis. 112, 119 N. W. 836. The question is of no mo*307ment here, however. The law of Illinois is substantially the ■same as the law of…
2Cases cited9 opinions
- Delaney v. DelaneyIllinois Supreme Court · 1898
- McGowan v. Supreme Court of the Independent Order of ForestersWisconsin Supreme Court · 1899
- White v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1911
- Baldwin v. BegleyIllinois Supreme Court · 1900
- Faubel v. EckhartWisconsin Supreme Court · 1912
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- United Order of Foresters v. MillerWisconsin Supreme Court · 1922
- Milwaukee Cheese Co. v. OlafssonWisconsin Supreme Court · 1968
- Liptau v. Modern Woodmen of AmericaWashington Supreme Court · 1931
- McGough v. HoganWisconsin Supreme Court · 1922