Hilliard v. Wisconsin Life Insurance
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Dane county: E. Eat SteveNS, Circuit Judge. Tbe claim in tbe case was tbis: April 28, 1897, plaintiff obtained from tbe Natural Premium Mutual Life Insurance Company, a corporation duly authorized in tbe matter, an annual twenty-payment life insurance policy, securing to his wife, Julia Plilliard, in case of ber surviving him, $1,000, or in tbe event of ber not so surviving and- bis decease leaving children, such sum to such…
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Appeal from a judgment of tbe circuit court for Dane county: E. Eat SteveNS, Circuit Judge. Tbe claim in tbe case was tbis: April 28, 1897, plaintiff obtained from tbe Natural Premium Mutual Life Insurance Company, a corporation duly authorized in tbe matter, an annual twenty-payment life insurance policy, securing to his wife, Julia Plilliard, in case of ber surviving him, $1,000, or in tbe event of ber not so surviving and- bis decease leaving children, such sum to such children, otherwise the same to his personal representative. It provided for a payment of $162.09 as a surrender value at…
1Opinion of the Court
*211The following opinion was filed October 20, 1908:
Maeshali, J.
The grounds upon which judgment was rendered in favor of respondent are untenable, as the following will clearly indicate.
It was assumed by the trial court that the policy was the sole and separate property of respondent’s wife, when issued, but since there was no affirmative proof that she was alive at the time of the trial or if so that she was still respondent’s wife, the original situation was immaterial to his right to recover. Manifestly, those were not matters for appellant to maintain by evidence in the absence of proof to…
2Cases cited12 opinions
- Noonan v. BradleySupreme Court of the United States · 1870
- Weaver v. . BardenNew York Court of Appeals · 1872
- Wheeler v. . BillingsNew York Court of Appeals · 1868
- Greenfield v. Massachusetts Mutual Life InsuranceNew York Court of Appeals · 1872
- State ex rel. Coffey v. ChittendenWisconsin Supreme Court · 1902
7 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Stephens v. WheelerWisconsin Supreme Court · 1927
- McKinney v. Fidelity Mutual InsuranceSupreme Court of Missouri · 1917
- Johnson v. VickersWisconsin Supreme Court · 1909
- National Life Insurance Co. of the United States of America v. BrautigamWisconsin Supreme Court · 1916
- Kothe v. Phoenix Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1929
16 more not listed; retrieve them via the Exa API.