Legal Opinion

Dietrich v. Madison Relief Ass'n

Wisconsin Supreme Court

Decided August 15, 1878PublishedCited by 10 opinions

APPEAL from the Circuit Court for Dane County. This action was brought by the infant heirs of P. E. Dietrich (suing by guardian acl litem) to recover the sum of $550 alleged to be due them upon an agreement of insurance upon the life of said F. E. Dietrich, made, during his lifetime, between him and the defendant company.

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APPEAL from the Circuit Court for Dane County. This action was brought by the infant heirs of P. E. Dietrich (suing by guardian acl litem) to recover the sum of $550 alleged to be due them upon an agreement of insurance upon the life of said F. E. Dietrich, made, during his lifetime, between him and the defendant company. The defense was, in substance, that Dietrich, during his lifetime, had assigned the agreement to the company as security for certain notes executed or transferred by him to it for loans of money; that, at the time of his death, all of said notes were due and unpaid, to the…

1Opinion of the CourtObion, J.

We can perceive no material error in the findings of the circuit court in this case. We think the governing principle of the case, and which subordinates all other *83questions, is, that the Madison ReTÁef Association, tbe appellant, had no corporate power or lawful right to make "application of moneys loaned to or paid for F. E. Dietrich, the insured, by the company, in payment or diversion of any part of the insurance moneys secured by his life policy from the company to be paid upon his death to his wife, Mary Helen Dietrich, and to his children, in case of her death, as the sole…

2Cited by10 opinions

  1. Martin v. StubbingsIllinois Supreme Court · 1888
  2. Masonic Mutual Benefit Society v. BurkhartIndiana Supreme Court · 1887
  3. Hutson v. JensonWisconsin Supreme Court · 1901
  4. State ex rel. Attorney General v. Merchant's Exchange Mutual Benevolent SocietySupreme Court of Missouri · 1880
  5. DINGENABoard of Immigration Appeals · 1966

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