Legal Opinion

Newton v. Theresa Village Mutual Fire Insurance

Wisconsin Supreme Court

Decided June 23, 1905PublishedCited by 2 opinions

Appeals from judgments of the circuit court for Dodge county: James J. Dick, Circuit Judge. This is a consolidated action to recover upon three standard fire insurance policies issued by the defendant companies, respectively, on a stock of groceries -which was owned by the plaintiffs in the city of Beaver Dam, and destroyed by fire a little after midnight on the morning of June 21, 1903. The defenses relied upon were (1) that the plaintiffs were guilty of fraud and false…

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Appeals from judgments of the circuit court for Dodge county: James J. Dick, Circuit Judge. This is a consolidated action to recover upon three standard fire insurance policies issued by the defendant companies, respectively, on a stock of groceries -which was owned by the plaintiffs in the city of Beaver Dam, and destroyed by fire a little after midnight on the morning of June 21, 1903. The defenses relied upon were (1) that the plaintiffs were guilty of fraud and false swearing, after the loss, in including in their statement of property destroyed goods that had never been received and were…

1Opinion of the CourtWinslow, J.

The defense chiefly relied on was that the ■plaintiffs were guilty of fraud and false swearing in making their, proofs of loss. It is admitted that, in stating the ■amount of the loss in their proofs, merchandise to the amount of $128.51 was included in the gross amount of property claimed to have been destroyed which had been ordered before the fire but had not been received at the time of the fire; and it is also admitted that upon their examination in Milwaukee, after the making of 'the proofs, they testified that these goods had actually been received before the fire except as to three…

2Cited by2 opinions

  1. Albert v. Home Fire & Marine Insurance Co. of CaliforniaWisconsin Supreme Court · 1957
  2. Bloch v. American InsuranceWisconsin Supreme Court · 1907

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