Bostwick v. Mutual Life Insurance
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eock 'County: B. E. DuNWiddie, Circuit Judge. This action was brought by. respondent to recover tbe money paid on three insurance policies issued by appellant. It is alleged that appellant’s agent practiced a fraud on respondent and his assignors in issuing the policies, and thereby unlawfully obtained the money sought to be recovered.
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Appeal from a judgment of the circuit court for Eock 'County: B. E. DuNWiddie, Circuit Judge. This action was brought by. respondent to recover tbe money paid on three insurance policies issued by appellant. It is alleged that appellant’s agent practiced a fraud on respondent and his assignors in issuing the policies, and thereby unlawfully obtained the money sought to be recovered. The facts of the case are fully stated in the report of the case on a former appeal to this court, in 11G Wis. 392, 89 N. W. 538, 92 N. W. 246, and need not be repeated here. Upon that appeal the judgment of the"…
1Opinion of the CourtSiebeciceR, J.
On tbe former appeal of tbis case to tbis court, it was said that, upon tbe record as it then stood, it did
“not appear, as matter of law, that Bostwick was chargeable with knowledge of tbe fraud found to have been practiced upon him till be obtained actual knowledge thereof. That leaves tbe question whether be ought to have read bis policy when be received it, notwithstanding tbe assurances accompanying it, one of tbe facts not covered by tbe finding. It must be solved before a complete disposition of tbe case can be made.”
It was furthermore held that respondent’s responsibility in tbe matter…
2Cases cited4 opinions
- Case v. HoffmanWisconsin Supreme Court · 1898
- Hill v. American Surety Co.Wisconsin Supreme Court · 1902
- Keystone Lumber Co. v. KolmanWisconsin Supreme Court · 1899
- Noonan v. OrtonWisconsin Supreme Court · 1856
3Cited by6 opinions
- Fullerton Lumber Co. v. TorborgWisconsin Supreme Court · 1957
- Foster v. RoweWisconsin Supreme Court · 1907
- Halsey v. Waukesha Springs SanitariumWisconsin Supreme Court · 1906
- Pautz v. Plankinton Packing Co.Wisconsin Supreme Court · 1905
- Weidner v. Standard Life & Accident InsuranceWisconsin Supreme Court · 1907
1 more not listed; retrieve them via the Exa API.