Baumgart v. Modern Woodmen of America
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rock County. The facts are stated in the opinion. To the point that the contract had been vitiated by the untrue statements and answers in the application, they cited Cooke, Life Ins. secs. 17,19; Bar-team v. Phoenix Mut. L. Ins. Co. 67 N. Y. 595; Cushmcm v. Tf. S. L. Ins. Co. 63 id. 404; Wilkinson v. Gonn. Mut. L. Ins. Go. 30 Iowa, 119; Bliss, Life Ins. secs. 36, 39; Bacon, Ben. Soc. sec. 197; May, Life Ins. sec. 156; Sivick v. Rome I. Ins.
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APPEAL from the Circuit Court for Rock County. The facts are stated in the opinion. To the point that the contract had been vitiated by the untrue statements and answers in the application, they cited Cooke, Life Ins. secs. 17,19; Bar-team v. Phoenix Mut. L. Ins. Co. 67 N. Y. 595; Cushmcm v. Tf. S. L. Ins. Co. 63 id. 404; Wilkinson v. Gonn. Mut. L. Ins. Go. 30 Iowa, 119; Bliss, Life Ins. secs. 36, 39; Bacon, Ben. Soc. sec. 197; May, Life Ins. sec. 156; Sivick v. Rome I. Ins. Go. 2 Dill. C. C. 160; Wilkinson v. Union Mxot. I. Ins. Go. id. 570; Price v. Phoenix Mut. I. Ins. Go. 17 Minn.…
1Opinion of the CourtLyoN, C. J.
This action is upon a benefit certificate for $2,000, alleged to have been issued by the defendant corporation (a benevolent fraternity) upon the life of one August Baumgart, payable at his death to his widow and children, who are the plaintiffs in this action. He joined the defendant fraternity January 13, 1891; was taken sick two days later; and died February 7, 1891, of pneumonia. The cause was tried before the court without a jury. Plaintiffs recovered, and defendant appealed from the judgment against it for the sum specified in the certificate.
The performance by the deceased, August…
2Cases cited1 opinion
- Blumer v. Phœnix InsuranceWisconsin Supreme Court · 1878
3Cited by17 opinions
- Boyle v. Northwestern Mutual Relief Ass'nWisconsin Supreme Court · 1897
- Straker v. Phenix Insurance Co. of BrooklynWisconsin Supreme Court · 1898
- Carlson v. Supreme Council American Legion of HonorCalifornia Supreme Court · 1896
- Thompson v. Travelers InsuranceNorth Dakota Supreme Court · 1904
- Cooley v. Metropolitan Life Ins. Co.Supreme Court of South Carolina · 1929
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