Smith v. State
Wisconsin Supreme Court
Ebbob to review a judgment of the municipal court of Racine county: William SmibdiNg, Jb., Judge. Tbe plaintiff in error was convicted of having violated sec. 4405, Stats. (1898), prescribing punishment for wilfully burning any building which shall, at the time thereof, be insured against loss or damage by fire, with intent to injure the insurer. Plaintiff in error obtained insurance, in due form, on her dwelling house, through an agent.
Read the full summary
Ebbob to review a judgment of the municipal court of Racine county: William SmibdiNg, Jb., Judge. Tbe plaintiff in error was convicted of having violated sec. 4405, Stats. (1898), prescribing punishment for wilfully burning any building which shall, at the time thereof, be insured against loss or damage by fire, with intent to injure the insurer. Plaintiff in error obtained insurance, in due form, on her dwelling house, through an agent. The policy was made on a printed blank signed by the officers of the company in the usual way and countersigned by such agent. The latter testified without…
1Opinion of the CourtMaeshall, J.
The cause involves a few questions which may well be briefly answered.
Was it essential to prove that the insurance was under a valid policy ? That is ruled in the negative by Parb v. State, 143 Wis. 561, 128 N. W. 65. It is considered that no time need be spent justifying the decision in that case. It may be regarded as now considerately affirmed.
Did the court err in permitting the insurance policy to be received in evidence without proof that the company was licensed to do business in this state ? That is also ruled in the negative by Parb v. State, supra. If plaintiff in error received the…
2Cases cited3 opinions
- O'Conner v. Hartford Fire InsuranceWisconsin Supreme Court · 1872
- Parb v. StateWisconsin Supreme Court · 1910
- Roberts v. Northwestern National InsuranceWisconsin Supreme Court · 1895
3Cited by4 opinions
- Somers v. Germania National Bank of MilwaukeeWisconsin Supreme Court · 1913
- Stevens v. Montfort State BankWisconsin Supreme Court · 1924
- Johnson v. Associated Seed Growers, Inc.Wisconsin Supreme Court · 1942
- Brower v. StateMississippi Supreme Court · 1953