Merrick v. Northwestern National Life Insurance
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Dane-county: E. Ray SteveNS, Circuit Judge. Tbis is an appeal from an order sustaining a demurrer to a complaint alleging, in effect, that tbe Madison Company therein mentioned [tbe Northwestern National Life Insurance Company of Madison, Dane County, Wisconsin] was-incorporated under tbe laws of this state in 1882; that February 22, 1883, tbe plaintiff’s husband, Noel N. Merrick,, became a member of that company and procured…
Read the full summary
Appeal from a judgment of tbe circuit court for Dane-county: E. Ray SteveNS, Circuit Judge. Tbis is an appeal from an order sustaining a demurrer to a complaint alleging, in effect, that tbe Madison Company therein mentioned [tbe Northwestern National Life Insurance Company of Madison, Dane County, Wisconsin] was-incorporated under tbe laws of this state in 1882; that February 22, 1883, tbe plaintiff’s husband, Noel N. Merrick,, became a member of that company and procured from that 'company insurance on bis life, for $4,000, -which was subsequently reduced to $1,000, payable as hereinafter…
1Opinion of the CourtCassoday, C. J.
1. It is claimed that the demurrer was properly sustained on the ground of defect of parties plaintiff. It appears from the complaint that the plaintiff’s husband, who procured the insurance on his own life, is still living, and hence it is claimed that he should have been made a party plaintiff. The contract required the defendant to pay the insurance to the plaintiff in case she should be living at the time of his death. It is alleged that he is in poor health, but, of course, it is possible for him to survive his wife. Her rights in the insurance are to be determined by the contract and…
2Cases cited12 opinions
- Lovell v. St. Louis Mutual Life InsuranceSupreme Court of the United States · 1884
- People v. Security Life Insurance & Annuity Co.New York Court of Appeals · 1879
- Toplitz v. . BauerNew York Court of Appeals · 1900
- Linden Land Co. v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1900
- Alabama Gold Life Insurance v. GarmanySupreme Court of Georgia · 1885
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Brownell Combs, Ii, Administrator C.T.A. Of the Estate of Leslie Combs, Ii, Deceased v. International Insurance CompanyCourt of Appeals for the Sixth Circuit · 2004
- Woodman v. Blue Grass Land Co.Wisconsin Supreme Court · 1905
- Federal Life Insurance v. MaxamIndiana Court of Appeals · 1917
- Viles v. Prudential Ins. Co. of AmericaCourt of Appeals for the Tenth Circuit · 1941
- American Insurance Union v. WoodardSupreme Court of Oklahoma · 1926
14 more not listed; retrieve them via the Exa API.