Rohloff v. Aid Ass'n for Lutherans
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Winnebago county: Geo. W. Bubhell, Circuit Judge. This action was commenced August 1I, 1905, upon a benefit certificate issued by the defendant August 15, 1902, upon the life of the plaintiff’s husband, William Rohloff, and payable to her, which certificate, among other things, contained the following provisions: “This is to certify that in pursuance of the articles of incorporation and by-laws of this association, and in…
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Appeal from a judgment of the circuit court for Winnebago county: Geo. W. Bubhell, Circuit Judge. This action was commenced August 1I, 1905, upon a benefit certificate issued by the defendant August 15, 1902, upon the life of the plaintiff’s husband, William Rohloff, and payable to her, which certificate, among other things, contained the following provisions: “This is to certify that in pursuance of the articles of incorporation and by-laws of this association, and in considera.tion of the statements contained in his application No. 392 and the benefits and conditions on the hade hereof, all…
1Opinion of the CourtCassoday, C. J.
1. Error is assigned because the court refused to abate the action. This is based upon the ground *65that the amendment to the proofs of death was received by the defendant less than ninety days prior to the commence'ment of the action. The original proofs of death had, however, been received by the defendant nearly seven mouths prior to the commencement of the action. Certaiñly every amendment to the proofs of death should not operate as an extension of the time of payment or the commencement of the action. The original proofs of death contained a statement in a physician’s affidavit in answer…
2Cases cited10 opinions
- Agen v. Metropolitan Life InsuranceWisconsin Supreme Court · 1900
- Kaples v. OrthWisconsin Supreme Court · 1884
- Baker v. StateWisconsin Supreme Court · 1894
- Hart v. Fraternal AllianceWisconsin Supreme Court · 1901
- Crowns v. Forest Land Co.Wisconsin Supreme Court · 1898
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. PabstWisconsin Supreme Court · 1909
- Cady v. Fidelity & Casualty Co. of New YorkWisconsin Supreme Court · 1908
- Kornig v. Western Life Indemnity Co.Supreme Court of Minnesota · 1907
- Krogh v. Modern Brotherwood of AmericaWisconsin Supreme Court · 1913
- Brotherhood of Painters, Decorators & Paperhangers of America v. BartonIndiana Court of Appeals · 1910
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