Legal Opinion

Kroner v. Order of United Commercial Travelers of America

Wisconsin Supreme Court

Decided February 7, 1922PublishedCited by 3 opinions

Appeal from a judgment of the circuit court for Juneau county: James O’Neill, Circuit Judge. This action was brought to recover on an accident policy held by the deceased in the defendant order. Plaintiff contended that her husband’s death was caused by drowning; the defendant contended that his death was caused by disease.

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Appeal from a judgment of the circuit court for Juneau county: James O’Neill, Circuit Judge. This action was brought to recover on an accident policy held by the deceased in the defendant order. Plaintiff contended that her husband’s death was caused by drowning; the defendant contended that his death was caused by disease. The answer further sets up forfeiture of plaintiff’s rights by reason of the cremation of her husband’s body without first giving notice to the defendant order of the intention to cremate. The case was tried before the court and a jury. By a special verdict the jury found…

1Opinion of the Court

The following opinion was filed November 15, 1921:

Siebecker, C. J.

Mr. Justice Jones is disqualified from participation in the decision of this case in this court for the reason that before he became a Justice of this court he had acted as an attorney for the defendant in this litigation. The other six Justices of this court who participated in the decision on this appeal are equally divided in opinion as to the correctness of the judgment entered in the trial court and appealed from to this court. Three of such Justices are of the opinion that the judgment appealed from is correct and should…

2Cases cited1 opinion

  1. Hagenah v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1908

3Cited by3 opinions

  1. Ells v. Order of United Commercial Travelers of AmericaCalifornia Supreme Court · 1942
  2. Scott Smith v. Greg KleynermanWisconsin Supreme Court · 2017
  3. Scott Smith v. Greg KleynermanWisconsin Supreme Court · 2017

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