Benedix v. German Insurance of Freeport
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Brown County. Tbe following statement of tbe case was prepared by Mr. Justice Cassoday: Tbe complaint is to tbe effect that on September 16,1886, the defendant issued to tbe plaintiff Benedix a policy of insurance against loss by fire to tbe property described for tbe term of three years from that date; that said policy was made payable, in case of loss, to tbe other plaintiff, Bohr, mortgagee, as bis interest might appear; that on February…
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APPEAL from tbe Circuit Court for Brown County. Tbe following statement of tbe case was prepared by Mr. Justice Cassoday: Tbe complaint is to tbe effect that on September 16,1886, the defendant issued to tbe plaintiff Benedix a policy of insurance against loss by fire to tbe property described for tbe term of three years from that date; that said policy was made payable, in case of loss, to tbe other plaintiff, Bohr, mortgagee, as bis interest might appear; that on February 13, 1889, tbe property so insured was destroyed by fire, to the damage of tbe assured in the sum of $2,718; that there…
1Opinion of the CourtCassoday, J.
It is said that the complaint fails to allege that proofs of loss were forwarded to the defendant within sixty days after date of loss. The complaint does allege, in effect, that immediately after the fire the plaintiffs forthwith gave notice to the defendant of the loss. It also states, generally, that the plaintiffs duly performed all of the conditions of said contract to be performed on their part. This fully satisfies the alleged defect. Sec. 2674, E. S.; Boardman v. Westchester F. Ins. Co. 54 Wis. 365; Reif v. Paige, 55 Wis. 502; Schobacher v. Germantown F. M. Ins. Co. 59 Wis. 86; Bank…
2Cases cited9 opinions
- Redman v. Ætna InsuranceWisconsin Supreme Court · 1880
- Zægel v. KusterWisconsin Supreme Court · 1881
- Schobacher v. Germantown Farmers' Mutual InsuranceWisconsin Supreme Court · 1883
- Carberry v. German Insurance Co. of Freeport, IllinoisWisconsin Supreme Court · 1881
- Smith v. City of JanesvilleWisconsin Supreme Court · 1881
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Estate of MayerWisconsin Supreme Court · 1965
- Columbia Savings & Loan Ass'n v. ClauseWyoming Supreme Court · 1904
- Dolan v. BaldridgeWashington Supreme Court · 1931
- Johnston v. Northwestern Live Stock InsuranceWisconsin Supreme Court · 1896
- Goldman v. Fidelity & Deposit Co.Wisconsin Supreme Court · 1905
4 more not listed; retrieve them via the Exa API.