Legal Opinion

Murphey v. American Mutual Accident Ass'n

Wisconsin Supreme Court

Decided April 23, 1895PublishedCited by 3 opinions

Appeal from a judgment of the circuit court for Langlade county: John G-oodlaptd, Circuit Judge. On December 22,1890, the defendant entered into a contract with the plaintiff, whereby the defendant, in consideration of the membership fee and the warranties and agreements contained in his application for membership, accepted the plaintiff, being a carpenter and millwright, under classification “DD,” and insured him against injuries through external, violent, and accidental…

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Appeal from a judgment of the circuit court for Langlade county: John G-oodlaptd, Circuit Judge. On December 22,1890, the defendant entered into a contract with the plaintiff, whereby the defendant, in consideration of the membership fee and the warranties and agreements contained in his application for membership, accepted the plaintiff, being a carpenter and millwright, under classification “DD,” and insured him against injuries through external, violent, and accidental means, for five years, subject to its by-laws, in the sum of $20 per week, against loss of time caused by such means, not…

1Opinion of the CourtCassoday, J.

The plaintiff stated in his written application for insurance that his occupation then was that of a carpenter and millwright, that the duties required of him were framing and building, and that he received four dollars per day as wages. The contract of insurance was conditioned upon the truthfulness of such statements. The *209third finding of the jury to the effect that at the time of making the application for the insurance the plaintiff was a carpenter must be regarded as a finding that he was not at that time a millwright, since the question submitted was whether he was then “ a carpenter…

2Cited by3 opinions

  1. Standard Life & Accident Insurance v. WardSupreme Court of Arkansas · 1898
  2. Calligaro v. Midland Casualty Co.Wisconsin Supreme Court · 1933
  3. Elofrson v. LindsayWisconsin Supreme Court · 1897

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