McGinty v. Brotherhood of Railway Trainmen
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Juneau county; James O’Neill, Circuit Judge. This action was brought by the plaintiff, beneficiary and' mother of John McGinty, on a policy of life insurance issued, by defendant.
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Appeal from a judgment of the circuit court for Juneau county; James O’Neill, Circuit Judge. This action was brought by the plaintiff, beneficiary and' mother of John McGinty, on a policy of life insurance issued, by defendant. John McGinty died February 25, 1913. His written application for this insurance, together with the report of an. examining physician, Dr. J. J. O’Neill, were made in September, 1911. Tbe application contained a provision by which the assured warranted his answers to the questions therein contained to be true, full, and complete and the basis of the contract of…
1Opinion of the CourtEsciiweileb, J.
At the beginning of the term of court and a week before the trial, when the action had been pend*86ing some nine months and bad been once continued for a term, defendant moved for leave to amend tbe answer by inserting the following:
“That the application so made contained the following questions: ‘Have you been afflicted with any of the following complaints and diseases: asthma, bronchitis, pneumonia, pleurisy, consumption, spitting of blood, habitual coughing, ... or any disease of the throat, heart or lungs; cancer or tumor, scrofula, discharge from the ear, ulcers or open sores, chronic…
2Cases cited10 opinions
- Brown v. Metropolitan Life InsuranceMichigan Supreme Court · 1887
- State v. PabstWisconsin Supreme Court · 1909
- Briesenmeister v. Supreme Lodge Knights of Pythias of the WorldMichigan Supreme Court · 1890
- French v. Fidelity & Casualty Co.Wisconsin Supreme Court · 1908
- Rawson v. Milwaukee Mutual Life InsuranceWisconsin Supreme Court · 1902
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Savina v. Wisconsin Gas Co.Wisconsin Supreme Court · 1967
- Krug v. Mutual Ben. Health & Accident Ass'nCourt of Appeals for the Eighth Circuit · 1941
- Maine v. Maryland Casualty Co.Wisconsin Supreme Court · 1920
- Broderick v. McGuireSupreme Court of Connecticut · 1934
- Demirjian v. New York Life InsuranceWisconsin Supreme Court · 1931
8 more not listed; retrieve them via the Exa API.