Baumann v. Metropolitan Life Insurance Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Racine county: E. B. Belden, Circuit Judge. Action upon a life insurance policy which contained the following conditions: “Premiums are payable at the home office in the city of New Tork, but at the pleasure of the company suitable persons may be authorized to receive such payments at other places, but only on the production of the company’s receipt signed by the secretary and countersigned by the person receiving the…
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Appeal from a judgment of the circuit court for Racine county: E. B. Belden, Circuit Judge. Action upon a life insurance policy which contained the following conditions: “Premiums are payable at the home office in the city of New Tork, but at the pleasure of the company suitable persons may be authorized to receive such payments at other places, but only on the production of the company’s receipt signed by the secretary and countersigned by the person receiving the payments.” “The contract between the parties hereto is completely set forth in this policy and the application therefor taken…
1Opinion of the CourtViwje, J.
The only error relied upon is that there were no facts proven to sustain a judgment in favor of plaintiff.
There is evidence to sustain a finding of these facts: The policy was issued October 13, 1904, on the life of plaintiff’s husband, and the first semi-annual premium was paid. The second semi-annual premium became due April 13, 1905. A •short time prior thereto the plaintiff went to the offi.ce of the *208company and offered to pay tbe premium, saying that she had already paid it to a man she supposed, to be the company’s, agent, but had not received a receipt, and that she was ready and…
2Cases cited4 opinions
- Wuerfler v. Trustees of the Grand Grove of Wisconsin of the Order of DruidsWisconsin Supreme Court · 1902
- Langnecker v. Trustees of the Grand Lodge Ancient Order of United WorkmenWisconsin Supreme Court · 1901
- Guetzkow v. Michigan Mutual Life InsuranceWisconsin Supreme Court · 1900
- J. I. Case Threshing Machine Co. v. JohnsonWisconsin Supreme Court · 1909
3Cited by4 opinions
- Clune v. Catholic Order of ForestersWisconsin Supreme Court · 1920
- Harms v. John Hancock Mutual Life InsuranceWisconsin Supreme Court · 1948
- Moriarty v. California Western States Life InsuranceCalifornia Court of Appeal · 1937
- Ritchie v. Metropolitan Life InsuranceSupreme Court of Kansas · 1937