Stoll v. Mutual Benefit Life Insurance
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eau Claire county: James O’Neill, Circuit Judge. Action on a $5,000 policy of life insurance issued to John Pearl, payable by its terms, upon his death, to his executors, administrators, or assigns. A short time before his death he assigned the policy to the Chippewa Valley Bank to secure the payment of his obligations aggregating $1,100 and interest.
Read the full summary
Appeal from a judgment of the circuit court for Eau Claire county: James O’Neill, Circuit Judge. Action on a $5,000 policy of life insurance issued to John Pearl, payable by its terms, upon his death, to his executors, administrators, or assigns. A short time before his death he assigned the policy to the Chippewa Valley Bank to secure the payment of his obligations aggregating $1,100 and interest. Later he made instruments in duplicate under seal, delivering the papers to an attorney in the presence of some, at least, of those beneficially interested in the transaction, instructing such…
1Opinion of the CourtMaRShall, J.
Was the paper of October 30, 1900, intended as a mere designation of beneficiaries, revocable regardless of their attitude in the matter, under the rule of law in this state that, subject to the terms of the insurance contract) the owner thereof may, as regards mere beneficiaries,. *561change them or dispose of the policy by will ? Foster v. Gile, 50 Wis. 603, 7 N. W. 555, 8 N. W. 217; In re Breitung’s Estate, 78 Wis. 33, 46 N. W. 891, 47 N. W. 17; Strike v. Wis. O. F. M. L. Ins. Co. 95 Wis. 583, 70 N. W. 819. Connsel for appellant contends for the affirmative of that, conceding, if the paper and…
2Cases cited7 opinions
- Foster v. GileWisconsin Supreme Court · 1880
- Berg v. DamkoehlerWisconsin Supreme Court · 1902
- Curry v. ColburnWisconsin Supreme Court · 1898
- Bogie v. BogieWisconsin Supreme Court · 1874
- Strike v. Wisconsin Odd Fellows Mutual Life InsuranceWisconsin Supreme Court · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Prudential Insurance Co. of America v. GlassSupreme Court of Oklahoma · 1998
- Rawson v. Milwaukee Mutual Life InsuranceWisconsin Supreme Court · 1902
- Faubel v. EckhartWisconsin Supreme Court · 1912
- Ellison v. StrawWisconsin Supreme Court · 1903
- Podzunas v. Prudential InsuranceSupreme Court of Connecticut · 1939
1 more not listed; retrieve them via the Exa API.