Wagener v. Old Colony Life Insurance
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Door county: Edgar V. Werner, Judge. This action was brought by May E. Wagener, widow of Dr. Nicholas Z. Wagener, to recover the amount of an insurance policy which she claims was issued to her husband by the defendant and was in force at the time of his death. On April 9, 1914, Dr. Wagener signed a written application to the defendant for a policy insuring his life for the sum of $5,000, his wife being named as beneficiary.
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Appeal from a judgment of the circuit court for Door county: Edgar V. Werner, Judge. This action was brought by May E. Wagener, widow of Dr. Nicholas Z. Wagener, to recover the amount of an insurance policy which she claims was issued to her husband by the defendant and was in force at the time of his death. On April 9, 1914, Dr. Wagener signed a written application to the defendant for a policy insuring his life for the sum of $5,000, his wife being named as beneficiary. The annual premium was to be $85.50. Dr. Wagener preferred to have the annual premium due six months thereafter, so he and…
1Opinion of the Court
*5The following opinions were filed May 27, 1919:
Siebecker, J.
The defendant contends that there is no evidence in the case sustaining the finding of the jury to the effect that the defendant extended credit to Nicholas Z. Wagener for the first premium, due September 9, 1914, on the insurance policy in question. The plaintiff asserts that such credit was extended to Wagener by acceptance, of his note by the agent, Hocks, under the facts and circumstances shown by the evidence. It is an accepted and well established rule of law in this state that the taking of a promissory note, either for a…
2Cases cited8 opinions
- Paine v. VoorheesWisconsin Supreme Court · 1870
- Tomsecek v. Travelers' Insurance Co.Wisconsin Supreme Court · 1902
- Ford v. MitchellWisconsin Supreme Court · 1862
- McDonald v. Provident Savings Life Assurances SocietyWisconsin Supreme Court · 1900
- Aultman v. JettWisconsin Supreme Court · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- De Groot v. Mutual Life Insurance Co. of New YorkWisconsin Supreme Court · 1923
- Ross v. New York Life Ins.Court of Appeals for the Fifth Circuit · 1934
- Davis v. Builders' Mut. Casualty Co.Court of Appeals for the Seventh Circuit · 1927
- Penterman v. PentermanWisconsin Supreme Court · 1941
- Willow River Power Co. v. Railroad CommissionWisconsin Supreme Court · 1928