Tomsecek v. Travelers' Insurance Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Crawford county: Geo. ClemeNtsoN, Circuit Judge. Appeal from a judgment in favor of plaintiffs on an insurance policy, rendered in tbe circuit court for Crawford county.
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Appeal from a judgment of tbe circuit court for Crawford county: Geo. ClemeNtsoN, Circuit Judge. Appeal from a judgment in favor of plaintiffs on an insurance policy, rendered in tbe circuit court for Crawford county. Tbe defense, in tbe main, was noncompliance witb tbe following condition of the insurance contract: “All premiums are payable at tbe borne office in Hartford, Connecticut, but will be accepted if paid to an agent in exchange for a receipt signed by its president or secretary and countersigned by tbe agent designated tbereon. Tbis policy shall not take effect unless tbe first…
1Opinion of the CourtMaRshaix, J.
Many suggestions are made in tbe briefs of counsel for respondents wby tbe judgment is right and should be affirmed, wbicb, in our view of tbe case, need not be considered. Tbe learned trial court rightly decided that if tbe agreement between Tomsecek and appellant’s agent, that tbe first premium on tbe policy might be paid otherwise than in money, and tbe delivery of tbe policy pursuant to such agreement, constituted ■ a waiver by .the company of payment of such premium and of tbe condition that tbe policy should not take effect unless sucb payment should be made while Tomsecek was in good…
2Cases cited8 opinions
- Willcuts v. Northwestern Mutual Life InsuranceIndiana Supreme Court · 1882
- John Hancock Mutual Life Insurance v. SchlinkIllinois Supreme Court · 1898
- Home Insurance v. GilmanIndiana Supreme Court · 1887
- Hoffman v. John Hancock Mutual Life InsuranceSupreme Court of the United States · 1876
- Sheldon v. Connecticut Mutual Life InsuranceSupreme Court of Connecticut · 1856
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Gibson v. Texas Prudential InsuranceMissouri Court of Appeals · 1935
- Bankers' Reserve Life Co. v. SommersCourt of Appeals of Texas · 1922
- Columbian Nat. Life Ins. Co. v. WirthleSupreme Court of Oklahoma · 1918
- Agalianos v. American Central InsuranceCalifornia Court of Appeal · 1923
- Hartwig v. Ætna Life InsuranceWisconsin Supreme Court · 1916
13 more not listed; retrieve them via the Exa API.