Hogue v. Farmers' Mutual Fire Insurance Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Monroe county: J. J. Pbuit, Circuit Judge. Tbe questions at issue included tbis: Was tbe provision of tbe insurance contract, rendering it void if tbe assured, at any time after tbe date of tbe application, incumbered tbe property in addition to tbe incumbrances tbereon mentioned in sucb application, satisfied, so as to make sucb provision operative ? Tbe nature of tbe title of tbe assured and tbe facts as to sucb question, by…
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Appeal from a judgment of tbe circuit court for Monroe county: J. J. Pbuit, Circuit Judge. Tbe questions at issue included tbis: Was tbe provision of tbe insurance contract, rendering it void if tbe assured, at any time after tbe date of tbe application, incumbered tbe property in addition to tbe incumbrances tbereon mentioned in sucb application, satisfied, so as to make sucb provision operative ? Tbe nature of tbe title of tbe assured and tbe facts as to sucb question, by tbe undisputed evidence, were as follows: James Hall took out tbe policy of insurance. He died prior to tbe commencement…
1Opinion of the CourtMaeshall, J.
We bave here an action on an insurance •contract wbicb unequivocally provided that all rights of tbe assured under it should be forfeited if tbe insured incumbered tbe property involved subsequent to tbe application for tbe policy without notice thereof to tbe insurance company; the undisputed fact, and distinct finding of tbe court accordingly, that tbe property was so incumbered; no evidence of •any fact nor any finding showing a waiver of tbe consequent forfeiture; and yet a judgment that tbe policy contract was binding upon tbe insurer in face of its insistence upon tbe benefit of tbe…
2Cases cited6 opinions
- Slaughter v. BernardsWisconsin Supreme Court · 1897
- Goldsmith v. DarlingWisconsin Supreme Court · 1896
- O'Donnell v. BrandWisconsin Supreme Court · 1893
- Hutchins v. Da CostaWisconsin Supreme Court · 1894
- Richardson v. JohnsenWisconsin Supreme Court · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Niagara Fire Insurance Co. v. MullinsCourt of Appeals of Kentucky (pre-1976) · 1927
- Niesen v. EricksonCourt of Appeals for the Seventh Circuit · 1939