Legal Opinion

Timlin v. Equitable Life Assurance Society of the United States

Wisconsin Supreme Court

Decided January 11, 1910PublishedCited by 14 opinions

Appeal from, a judgment of the circuit court for Milwaukee county: W. J. Tubeteb, Circuit Judge. In March, 1886, the parties to this- action entered into a ■contract of insurance, whereby the defendant, in consideration of the annual payment for twenty years of the sum of $33.26, insured the life of the plaintiff, under the semi-tontine plan, in the sum of $1,000; the tontine dividend period for the policy to he completed in the year 1906. The plaintiff possessed two sheets…

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Appeal from, a judgment of the circuit court for Milwaukee county: W. J. Tubeteb, Circuit Judge. In March, 1886, the parties to this- action entered into a ■contract of insurance, whereby the defendant, in consideration of the annual payment for twenty years of the sum of $33.26, insured the life of the plaintiff, under the semi-tontine plan, in the sum of $1,000; the tontine dividend period for the policy to he completed in the year 1906. The plaintiff possessed two sheets of paper pinned together (Exhibit 1, pages A and B), and-alleges that they together embody the contract The larger sheet…

1Opinion of the CourtSiebeckeR, J.

Under the issues raised by the pleadings and the evidence the controversy between the parties presents the questions: first, Were the two sheets of paper, marked “Pages A and B of Plaintiff’s Exhibit 1,” as produced by the plaintiff, delivered to him by the defendant ? and secondly, Do they together embody the life insurance contract made by the parties ?

It is contended by the defendant that there1 is no proof that page B was ever delivered to the plaintiff by the defendant. The defendant admits that shortly after its date it delivered the sheet marked “Page A” to the plaintiff. The plaintiff…

2Cases cited2 opinions

  1. Uhlman v. . New York Life Ins. Co.New York Court of Appeals · 1888
  2. Gadd v. Equitable Life Assur. Soc.U.S. Circuit Court for the District of Southern New York · 1899

3Cited by14 opinions

  1. Smith v. Dodgeville Mutual InsuranceCourt of Appeals of Wisconsin · 1997
  2. Automobile Underwriters, Inc. v. CampIndiana Supreme Court · 1940
  3. State Ex Rel. New York Life Insurance v. TrimbleSupreme Court of Missouri · 1924
  4. Brown v. State Automobile Insurance Assn.Supreme Court of Minnesota · 1944
  5. Forman v. Mutual Life InsuranceCourt of Appeals of Kentucky · 1917

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