Harriman v. Queen Insurance Co. of London
Wisconsin Supreme Court
APPEAL from the Circuit Court for Brown County. This action is upon a policy of insurance issued January 16, 1879, by the defendant company to the plaintiff livfus P. Harriman, insuring him in the sum of $3,000 against loss or injury by fire to his three-story brick hotel building, situated on certain lots therein described, in the city of Green Bay.
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APPEAL from the Circuit Court for Brown County. This action is upon a policy of insurance issued January 16, 1879, by the defendant company to the plaintiff livfus P. Harriman, insuring him in the sum of $3,000 against loss or injury by fire to his three-story brick hotel building, situated on certain lots therein described, in the city of Green Bay. The complaint contains a copy of the policy, by which it appears that the loss, if any, was, by indorsement thereon, made payable to the plaintiff Mrs. Carabin, mortgagee, as her interest might appear. The complaint alleges that the interest of…
1Opinion of the CourtLyoN, J.
The exceptions preserved in the record are very numerous, and the legal questions which they present are fully argued in the briefs of the respective counsel, and were elaborately and ably discussed by them in their oral arguments. All of these questions which are deemed material may be classified under a few general heads, and they will be thus stated and considered in their order.
1. At the commencement of the trial, the defendant claimed •that the fifth defense, which avers failure of the assured to furnish proper proofs of loss, raised an issue in abatement, which ought to be determined '…
2Cases cited7 opinions
- Phelps v. RooneyWisconsin Supreme Court · 1859
- McBride v. Republic Fire Ins.Wisconsin Supreme Court · 1872
- Milwaukee & St. Paul Railway Co. v. City of MilwaukeeWisconsin Supreme Court · 1874
- Milwaukee & St. Paul Railway Co. v. Board of SupervisorsWisconsin Supreme Court · 1871
- Redman v. Hartford Fire InsuranceWisconsin Supreme Court · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Royal Insurance Co. v. McIntyreTexas Supreme Court · 1896
- Sun Mutual Insurance v. Mattingly & RicketsTexas Supreme Court · 1890
- Omaha Fire Insurance v. Dierks & WhiteNebraska Supreme Court · 1895
- Smith v. Guckenheimer & SonsSupreme Court of Florida · 1900
- Campbell v. American Fire Insurance Co. of PhiladelphiaWisconsin Supreme Court · 1888
29 more not listed; retrieve them via the Exa API.