Guetzkow v. Michigan Mutual Life Insurance
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: Geo. E. Sutherland, Judge. Plaintiff’s decedent, Henry Guetzkow, held a policy upon bis own life, issued by the defendant company, dated December 14,1894, conditioned upon the payment of an annual premium of $136.50 on or before noon of the 14th day of December in each year.
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Appeal from a judgment of the superior court of Milwaukee county: Geo. E. Sutherland, Judge. Plaintiff’s decedent, Henry Guetzkow, held a policy upon bis own life, issued by the defendant company, dated December 14,1894, conditioned upon the payment of an annual premium of $136.50 on or before noon of the 14th day of December in each year. It recognized that the time of payment of these premiums might be extended by the giving of notes, and that such notes should be deemed not payment but only extensions, “ and, if any such note or any renewal thereof shall not be fully paid when due, then…
1Opinion of the CourtDodge, J.
The question presented is whether there was-any evidence to go to the jury to establish a forfeiture of the policy sued on. No such condition resulted from default in the payment of the extension note of $55, whether we hold the extension of that note on November 12 effective or not; for by the terms of the policy the only effect of such default was to suspend the 'right of recovery for any loss occurring pending the default. The insured had the-right to pay such extension note at any time after it was due, and before loss. ■ He tendered such payment on the 25th of November, and in fact made…
2Cases cited1 opinion
- Shaw v. . Republic Life Ins. Co.New York Court of Appeals · 1877
3Cited by14 opinions
- Wuerfler v. Trustees of the Grand Grove of Wisconsin of the Order of DruidsWisconsin Supreme Court · 1902
- Lavin v. Grand Lodge of the Ancient Order of United WorkmenMissouri Court of Appeals · 1905
- Langnecker v. Trustees of the Grand Lodge Ancient Order of United WorkmenWisconsin Supreme Court · 1901
- Wayland v. Western Life Indemnity Co.Missouri Court of Appeals · 1912
- Inter-Southern Life Insurance v. DuffCourt of Appeals of Kentucky · 1919
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