Redman v. Ætna Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Monroe County. Action upon a policy of insurance against fire, issued by the defendant company to the plaintiffs, on machinery, mill-gearing and fixtures in their mill in Prescott. The complaint is in the usual form of complaints in such cases, and contains the policy in suit and certain printed conditions of insurance indorsed upon it.
Read the full summary
APPEAL from the Circuit Court for Monroe County. Action upon a policy of insurance against fire, issued by the defendant company to the plaintiffs, on machinery, mill-gearing and fixtures in their mill in Prescott. The complaint is in the usual form of complaints in such cases, and contains the policy in suit and certain printed conditions of insurance indorsed upon it. The policy contains this clause: “Special reference being had to assured’s application, No. 164, which is hereby made a part of this policy and a warranty on the part of the assured.” The application is-not set out in the…
1Opinion of the Court
The following opinion was filed February 24, 1880:
LyoN, J.
Unless the plaintiffs were bound in the first instance to produce their application for the insurance, and prove the truth of the statements therein contained, the circuit court properly directed a verdict for them. If they wrere not bound to do so, it is not claimed that they were not entitled to recover. The controlling question to be determined on this appeal is, therefore, Was the burden upon the plaintiffs to show the truth of the statements in the application and a compliance by them with its stipulations, or upon the defendant…
2Cases cited3 opinions
- May v. Buckeye Mutual InsuranceWisconsin Supreme Court · 1870
- Rufus Bobbitt v. . Liverpool and London and Globe Ins.Supreme Court of North Carolina · 1872
- Bumpus v. MillerMichigan Supreme Court · 1856
3Cited by46 opinions
- Travelers Insurance v. SheppardSupreme Court of Georgia · 1890
- Jones v. United States Mutual Accident Ass'nSupreme Court of Iowa · 1894
- Meadows v. Pacific Mutual Life InsuranceSupreme Court of Missouri · 1895
- Freeman v. Travelers' InsuranceMassachusetts Supreme Judicial Court · 1887
- Chambers v. Northwestern Mutual Life InsuranceSupreme Court of Minnesota · 1896
41 more not listed; retrieve them via the Exa API.