Morris v. National Protective Society
Wisconsin Supreme Court
Appeal from a judgment of the county court of Winnebago county: C. D. OlevelaND, Judge. This is an action against a mutual benefit association upon an accident indemnity policy of insurance. The defense insisted upon was that there was a breach of a warranty contained in the application for the policy.
Read the full summary
Appeal from a judgment of the county court of Winnebago county: C. D. OlevelaND, Judge. This is an action against a mutual benefit association upon an accident indemnity policy of insurance. The defense insisted upon was that there was a breach of a warranty contained in the application for the policy. The evidence showed that the policy was issued September 14, 1891, and provided for the payment of benefits for total disability for labor, arising from injuries received by accident, in the sum of $10 per week, not exceeding fifty-two weeks in all. The application for the policy, and upon…
1Opinion of the CourtWiNslow, J.
A verdict for the plaintiff was directed, notwithstanding the admitted breach of warranty as to existing insurance of a similar character, because the court held that the defendant had waived its right to rely on this defense. Prior to' the consideration of the question of the correctness •of this ruling, however, a preliminary objection must be considered. It is claimed by the respondent that there is no exception in the record which enables this court to review the evidence. It is true that no exception was taken to the ■denial of the motion to direct a verdict for defendant, but .a motion…
2Cases cited3 opinions
- Webster v. Phœnix InsuranceWisconsin Supreme Court · 1874
- Rasmusen v. New York Life InsuranceWisconsin Supreme Court · 1895
- Tourville v. Nemadji Boom Co.Wisconsin Supreme Court · 1887
3Cited by3 opinions
- Jones v. Broadway Roller Rink Co.Wisconsin Supreme Court · 1908
- Billington v. Eastern Wisconsin Railway & Light Co.Wisconsin Supreme Court · 1909
- Dahl v. StakkeNorth Dakota Supreme Court · 1903