Clark v. Durand
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Hacine County. This action was brought in November, 1858. The complaint alleges, that the plaintiff is an infant; that sometime in the year 1851, an insurance upon the life of Margaret Ann Clark, the mother of the plaintiff’ was effected in the Mutual Life Insurance Company of New York, for the sum of two thousand dollars, for his use and benefit; that by the procurement of the defendant, the policy of insurance was made out and issued to…
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APPEAL from tbe Circuit Court for Hacine County. This action was brought in November, 1858. The complaint alleges, that the plaintiff is an infant; that sometime in the year 1851, an insurance upon the life of Margaret Ann Clark, the mother of the plaintiff’ was effected in the Mutual Life Insurance Company of New York, for the sum of two thousand dollars, for his use and benefit; that by the procurement of the defendant, the policy of insurance was made out and issued to said defendant, as the guardian of the plaintiff, although said defendant was not, and never had been, such guardian; that…
1Opinion of the Court
By the Court,
Dixorr, C. J.
TMs action was commenced, and if maintainable at all, can only be maintained upon tbe theory, tbat tbe plaintiff, as tbe cestui que trust, or party beneficially interested, acquired, during tbe lifetime of Mrs. Ciarle, an actual equitable interest in the policy, and tbe moneys thereby secured and agreed to be paid on ber death. She effected tbe insurance on ber own life. Tbe policy sprang from an agreement, to which she and tbe insurance company were tbe real parties; and although tbe defendant, as tbe guardian of tbe plaintiff, was nominally tbe assured, yet during…
2Cited by29 opinions
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- Opitz v. KarelWisconsin Supreme Court · 1903
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- Kerman v. HowardWisconsin Supreme Court · 1868
- Foster v. GileWisconsin Supreme Court · 1880
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