Fulton v. Stevens
Wisconsin Supreme Court
Appeals from a judgment of the county court of Winnebago county: O. D. ClevelaNd, Judge. Action to recover assessments on several benefit Certificates on a mutual insurance policy issued by the Wisconsin Odd Fellows’ Mutual Life Insurance Company. The judgment was for the plaintiff on part of the assessments, and for defendant as to the balance.
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Appeals from a judgment of the county court of Winnebago county: O. D. ClevelaNd, Judge. Action to recover assessments on several benefit Certificates on a mutual insurance policy issued by the Wisconsin Odd Fellows’ Mutual Life Insurance Company. The judgment was for the plaintiff on part of the assessments, and for defendant as to the balance. The- amount involved being under $100, the questions to be considered appear from the certificate of the trial judge, which is, in substance, as'follows: (1) June 15, 1881, defendant made three written' applications for membership in the Wisconsin Odd…
1Opinion of the CourtMarshall, J.
This case turns on the meaning of the insurance contract. It must go without question that if the facts were such as to permit the application of the doctrine-of practical construction, or estoppel thereby, the defend*314ant could not be held liable for any of the assessments sought to be recovered in this case. Such would be the result of following the uniform course of the administration of the affairs of the insurance company by its officers, from the time of its organization; but as we view the contract of insurance, its provisions are clear and their meaning unmistakable, therefore such…
2Cases cited3 opinions
- Travelers' Insurance Co. v. FrickeWisconsin Supreme Court · 1896
- Ellerbe v. BarneySupreme Court of Missouri · 1894
- In re Protection Life Ins.U.S. Circuit Court for the Northern District of Illnois · 1879
3Cited by6 opinions
- Schuhknecht v. RobersWisconsin Supreme Court · 1927
- Deree v. Reliable Tool & MacHine, Inc.Wisconsin Supreme Court · 1947
- Gibson v. MegrewIndiana Supreme Court · 1900
- Calkins v. AngellMichigan Supreme Court · 1900
- Faurot v. SwanMichigan Supreme Court · 1908
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