Strike v. Wisconsin Odd Fellows Mutual Life Insurance
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Jefferson, county: Johk E. BeNNett, Circuit Judge. The defendant is a mutual life insurance company, organized by ch. 1, Laws of 1887. On June 23, 1892, it issued to one Francis J. Cory a certificate of membership, whereby it agreed to pay $1,000 to his parents, Sampson Gory and Ann Gory, within ninety days after proofs of his death should be received by its secretary.
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Appeal from a judgment of the circuit court for Jefferson, county: Johk E. BeNNett, Circuit Judge. The defendant is a mutual life insurance company, organized by ch. 1, Laws of 1887. On June 23, 1892, it issued to one Francis J. Cory a certificate of membership, whereby it agreed to pay $1,000 to his parents, Sampson Gory and Ann Gory, within ninety days after proofs of his death should be received by its secretary. The membership fee and all assessments were paid by Francis J. Cory, except one assessment of $1.20, which was paid by Sampson Gory. The circumstances and reason of this payment…
1Opinion of the Court
NewmáN, J.
The only question is whether the plaintiff, having no insurable interest in the life of Francis Cory, could take title to the insurance money by the assignment of Francis. The beneficiaries named in the certificate had an insurable interest in the life assured. So there was a *586valid contract of insurance. The assessments were paid by Erancis. Only one, for some unexplained reason, was paid by one of the beneficiaries. Erancis was the owner of the insurance. Being the owner, he had the right, as against the beneficiaries, to assign the insurance. Foster v. Gile, 50 Wis. 603; Estate of…
2Cases cited10 opinions
- Kerman v. HowardWisconsin Supreme Court · 1868
- Foster v. GileWisconsin Supreme Court · 1880
- Bursinger v. Bank of WatertownWisconsin Supreme Court · 1886
- Wilkinson v. HoffmanWisconsin Supreme Court · 1884
- Chapman Valve Manufacturing Co. v. Oconto Water Co.Wisconsin Supreme Court · 1895
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3Cited by14 opinions
- Opitz v. KarelWisconsin Supreme Court · 1903
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- Gordon v. Ware Nat. BankCourt of Appeals for the Eighth Circuit · 1904
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- Ellison v. StrawWisconsin Supreme Court · 1903
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