Johnston v. Northwestern Live Stock Insurance
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Monroe county: O. B. WymaN, Circuit Judge. Action on an insurance policy for $800 on a horse. There was a mortgage on the horse. It was stated in the written application that the horse was mortgaged to George B. Smith for $500. There was a provision in the policy that all statements in the application should be deemed to be express warranties of the truth of the representations.
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Appeal from a judgment of the circuit court for Monroe county: O. B. WymaN, Circuit Judge. Action on an insurance policy for $800 on a horse. There was a mortgage on the horse. It was stated in the written application that the horse was mortgaged to George B. Smith for $500. There was a provision in the policy that all statements in the application should be deemed to be express warranties of the truth of the representations. On the trial it appeared that the mortgage had been originally given for a larger sum, which at the date of the policy had been reduced by payments so that there…
1Opinion of the CourtNewman, J.
At the commencement of the trial there was a demurrer ore tenus to the complaint, on the ground that it did not state a cause of action. The policy contained an agreement that the insured would “use due diligence, precaution, and care in the use, and for the safety, health, and preservation of said live stock, and in case of sickness or accident would promptly summon to his aid the best veterinary surgeon to be had in the vicinity.” A failure to do so was to avoid the policy. The demurrer was based principally upon the failure of the complaint to allege affirmatively the performance of this…
2Cases cited19 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Insurance Company v. MahoneSupreme Court of the United States · 1875
- Eames v. Home InsuranceSupreme Court of the United States · 1877
- Renier v. Dwelling House InsuranceWisconsin Supreme Court · 1889
- Redman v. Ætna InsuranceWisconsin Supreme Court · 1880
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3Cited by12 opinions
- Welch v. Fire Ass'n of PhiladelphiaWisconsin Supreme Court · 1904
- Tillis v. Liverpool & London & Globe InsuranceSupreme Court of Florida · 1903
- Schneck v. Mutual Service Casualty InsuranceWisconsin Supreme Court · 1963
- Western Reciprocal Underwriters' Exchange v. CoonSupreme Court of Oklahoma · 1913
- Arneberg v. Continental Casualty Co.Wisconsin Supreme Court · 1922
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