Clute v. Clintonville Mutual Fire Insurance Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Winnebago county: Geo. W. Bueeell, Circuit Judge. This action was brought to recover for fire loss under policies of insurance issued by the defendant companies to the plaintiffs. In the answers interposed liability was denied on various grounds.
Read the full summary
Appeal from a judgment of the circuit court for Winnebago county: Geo. W. Bueeell, Circuit Judge. This action was brought to recover for fire loss under policies of insurance issued by the defendant companies to the plaintiffs. In the answers interposed liability was denied on various grounds. So far as it is necessary to consider these defenses on this appeal they were: (1) Plaintiffs were guilty of fraud and false swearing in making their proofs of loss, in that they represented the value of the property insured .to be $6,400, when in fact it did not exceed $600. (2) They represented…
1Opinion of the CourtBaeNes, J.
The evidence was ample to sustain the finding of the jury that the plaintiffs were the owners of the goods-destroyed and damaged by the fire, and also the finding that the value of the insured property at the time of the fire was-$6,'729.47. No discussion of the evidence bearing on these’ points will be indulged in.
By its answer to question 6 of the special verdict the jury found that the plaintiffs did not permit gasoline to be “kept or allowed” on the premises. Each policy provided that it-*641should be void if gasoline were kept, allowed, or used on the premises without the consent of the…
2Cases cited13 opinions
- Smith v. German InsuranceMichigan Supreme Court · 1895
- Phoenix Insurance v. FlemmingSupreme Court of Arkansas · 1898
- First Congregational Church v. Holyoke Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1893
- Grabowski v. StateWisconsin Supreme Court · 1905
- Bieri v. FongerWisconsin Supreme Court · 1909
8 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Zelof v. Capital City Transfer, Inc.Wisconsin Supreme Court · 1966
- Bouchard v. Dirigo Mutual Fire InsuranceSupreme Judicial Court of Maine · 1915
- Zelof v. Capital City Transfer, Inc.Wisconsin Supreme Court · 1966