Wisconsin Reports (Volume 130) (Paperback)

This historic book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1907. Not illustrated. Excerpt: ... beneficiary that the insured "was killed by shooting himself in the heart, according to verdict of coroner's jury." Thereafter the beneficiary, who had no personal knowledge of the manner of assured's death, by amendment stated that she made such original proofs without fully "comprehending or understanding the meaning and import of the same," and that the statement was based on rumors and current talk among citizens. Held: (1) Such proofs, at most, were mere prima facie evidence of the facts therein stated. (2) The court did not err in refusing to abate the action or to grant a nonsuit. Ibid. 10. A second proof of death does not nullify a prior proof returned by the company, but such proofs are to be taken together, as supplying each other's defects, and if, combined, they answer the requirements of the policy, the law is satisfied. Ibid. Forfeiture of policy: Suicide. 11. In an action on a benefit certificate the sole defense was suicide. The jury returned a verdict that the insured's death was not "caused by suicide, whether sane or insane." Error was as- signed because the court refused to set aside the verdict and grant a new trial. Held, that the verdict was sustained by the evidence stated in the opinion. Rohloff v. Aid Association for Lutherans, 61 12. In an action on a benefit certificate where the only defense was suicide of the member, the court correctly instructed the jury as to the burden of proof. The proofs of death and amendments thereto did not deny the fact of suicide nor withdraw a state- ment of suicide made in the original proofs, and the defendant requested no instructions as to the proofs of death being con- sidered as evidence in the case. Held that, the determination of the question whether the deceased Intentionally killed him...