Jackson v. Northwestern Mutual Relief Ass'n
Wisconsin Supreme Court
APPEAL from, the Circuit Court for Iowa County. The following statement of the case was prepared by Mr. Justice Cassoday: The amended complaint alleges, in effect, the incorporation and existence of the defendant at the times named; its right to do a mutual life insurance business and issue the policy or certificate sued upon; the application of the plaintiff’s wife to the defendant, March 19, 1886, for such policy upon her life, to the amount of $4,000, payable in case of…
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APPEAL from, the Circuit Court for Iowa County. The following statement of the case was prepared by Mr. Justice Cassoday: The amended complaint alleges, in effect, the incorporation and existence of the defendant at the times named; its right to do a mutual life insurance business and issue the policy or certificate sued upon; the application of the plaintiff’s wife to the defendant, March 19, 1886, for such policy upon her life, to the amount of $4,000, payable in case of death to the plaintiff; that said wife submitted to a medical examination by the defendant’s physician, and thereupon her…
1Opinion of the CourtOassoday, J.
This is an action at law to recover damages. for an alleged breach of contract of insurance. There is no claim that the facts alleged do not constitute a binding contract of insurance, nor that they do not show a breach of such contract. The theory of the defendant is that, conceding the validity of the contract and the bre'ach of it, yet that the plaintiff has mistaken his remedy by bringing his action at law instead of proceeding in equity to enforce the assessment mentioned in the contract. If such is the fact, then, under the earlier decisions of this court, and since adhered to, the…
2Cases cited12 opinions
- Elkhart Mutual Aid, Benevolent & Relief Ass'n v. HoughtonIndiana Supreme Court · 1885
- Tobin v. Western Mutual Aid SocietySupreme Court of Iowa · 1887
- Excelsior Mutual Aid Ass'n v. RiddleIndiana Supreme Court · 1883
- Earnshaw v. Sun Mutual Aid SocietyCourt of Appeals of Maryland · 1888
- Kansas Protective Union v. WhittSupreme Court of Kansas · 1887
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- O'Brien v. . Home Benefit SocietyNew York Court of Appeals · 1889
- Krogh v. Modern Brotherwood of AmericaWisconsin Supreme Court · 1913
- Prosser v. Carolina Mutual Benefit Corp.Supreme Court of South Carolina · 1936
- Silvers v. Michigan Mutual Benefit Ass'nMichigan Supreme Court · 1892
- Batson & Walsh v. South Carolina Mutual InsuranceSupreme Court of South Carolina · 1907
2 more not listed; retrieve them via the Exa API.