Steffen v. Supreme Assembly of the Defenders
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: B. F. Duítwiddie, Judge. Action upon a benefit certificate held by plaintiff’s deceased husband in defendant association. Defense, fraud in application of the assured in representing himself in good health and free from pulmonary trouble, when, in fact, at the time of the application he was suffering from tuberculosis, from which he died sik months later.
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Appeal from a judgment of the circuit court for Dane county: B. F. Duítwiddie, Judge. Action upon a benefit certificate held by plaintiff’s deceased husband in defendant association. Defense, fraud in application of the assured in representing himself in good health and free from pulmonary trouble, when, in fact, at the time of the application he was suffering from tuberculosis, from which he died sik months later. Also, a settlement and written release after the death and after proofs of loss by the' plaintiff. The trial court directed a verdict for the defendant, without indicating which of…
1Opinion of the CourtDodge, J.
The agreement of settlement expressed in the written release is, of course, a complete defense unless impeached for fraud or mistake. Jackowski v. Ill. S. Co. 103 Wis. 448, 79 N. W. 757; Kowalke v. Milwaukee E. R. & L. Co. 103 Wis. 472, 480, 79 N. W. 762. To accomplish impeachment of a formal written instrument on such grounds the proof must be clear and convincing beyond reasonable controversy. Linde v. Gudden, 109 Wis. 326, 85 N. W. 323; Meier v. Bell, 119 Wis. 482, 485, 97 N. W. 186; Burnham v. Burnham, 119 Wis. 509, 513, 97 N. W. 176; Bowe v. *487Gage, 127 Wis. 245, 251, 106 N. W. 1074. The…
2Cases cited11 opinions
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
- Kowalke v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1899
- Bowe v. GageWisconsin Supreme Court · 1906
- Jost v. WolfWisconsin Supreme Court · 1906
- Straker v. Phenix Insurance Co. of BrooklynWisconsin Supreme Court · 1898
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Ross v. Northrup, King & Co.Wisconsin Supreme Court · 1914
- Grand Trunk Western Railroad v. LahiffWisconsin Supreme Court · 1935
- Schweikert v. John R. Davis Lumber Co.Wisconsin Supreme Court · 1911
- Demark v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1910
- Mensforth v. Chicago Brass Co.Wisconsin Supreme Court · 1910
7 more not listed; retrieve them via the Exa API.