Rockwell v. Mutual Life Insurance Co. of Wisconsin
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Waulcesha County. Tbis was an action upon a policy of insurance upon tbe life of John S. Rockwell, plaintiff’s husband, deceased ; and the defense was that the plaintiff had failed to pay the annual premium last preceding the death of her husband, the condition of the policy being that upon such a default in payment it should be forfeited.
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APPEAL from tbe Circuit Court for Waulcesha County. Tbis was an action upon a policy of insurance upon tbe life of John S. Rockwell, plaintiff’s husband, deceased ; and the defense was that the plaintiff had failed to pay the annual premium last preceding the death of her husband, the condition of the policy being that upon such a default in payment it should be forfeited. The plaintiff claimed that the policy had been renewed, the premium having been paid to and received by the company at a subsequent date; while the company claimed that its acceptance of the premium and agreement to renew…
1Opinion of the CourtDowner, J.
Tbe only ground on wbicb tbe nonsuit granted in tbe court below can be sustained, is tbat tbe plaintiff failed to prove an unconditional renewal of tbe policy. October 6tb, 1862, tbe company received tbe note of tbe assured, and John S. Rockwell’s draft payable at tbe Summit Bank, on wbicb tbe Insurance Company received tbe money. Tbe money and note, if received unconditionally, it is admitted, would bave renewed tbe policy and continued it in force until after tbe death of Rockwell. It is contended tbat tbe plaintiffs proved tbat they were received only upon condition tbat Rockwell was tben…
2Cited by5 opinions
- Miles v. Mutual Reserve Fund Life Ass'nWisconsin Supreme Court · 1901
- Cotton States Life Insurance v. LesterSupreme Court of Georgia · 1879
- McQuillan v. Mutual Reserve Fund Life Ass'nWisconsin Supreme Court · 1902
- Equitable Life Assurance Society v. BrewerCourt of Appeals of Kentucky (pre-1976) · 1928
- Rockwell v. Mutual Life Insurance Co. of WisconsinWisconsin Supreme Court · 1867