Lingelbach v. Theresa Village Mutual Fire Insurance
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Mari-nette county: W. B. Qvinlait, Circuit Judge. Action to recover on an insurance policy for loss, by fire, of certain personal property. The defendant denied liability. There was a conflict of evidence as to whether the assured owned the subject of the loss at the time of the fire; also as to whether proofs of loss were delivered to defendant. The loss was payable to a mortgagee as his interest might appear.
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Appeal from a judgment of the circuit court for Mari-nette county: W. B. Qvinlait, Circuit Judge. Action to recover on an insurance policy for loss, by fire, of certain personal property. The defendant denied liability. There was a conflict of evidence as to whether the assured owned the subject of the loss at the time of the fire; also as to whether proofs of loss were delivered to defendant. The loss was payable to a mortgagee as his interest might appear. The claim for loss was duly assigned to the mortgagee and he commenced the action therefor and prosecuted the same to judgment. The jury…
1Opinion of the CourtMaeshall, J.
Three questions were considered by counsel for appellant of sufficient.moment to warrant presenting them for decision, supported by argument. We shall therefore limit our determination accordingly.
- Firstly. It is contended, the finding of the jury that respondent was the owner of the subject of the insurance at the time of the loss, is contrary to the evidence. That the proof in respect to the matter presented a jury question is quite plain. Such being the case and the result of the submission having been confirmed by the trial court, a very strong case in favor of appellant is necessary, —…
2Cited by3 opinions
- Schlintz v. Equitable Life Assurance Society of the United StatesWisconsin Supreme Court · 1937
- Kutschenreuter v. Providence Washington InsuranceWisconsin Supreme Court · 1916
- Tarczek v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1916