Legal Opinion

Schumitsch v. American Insurance Co. of Chicago

Wisconsin Supreme Court

Decided December 16, 1879PublishedCited by 8 opinions

APPEAL from the Circuit Court for Winnebago County. Action on a policy of insurance against fire. By direction of the court, defendant had a verdict; and plaintiff appealed from the judgment.

1Opinion of the CourtCole, J.

The court below was asked to direct a verdict for the defendant on several grounds, but upon what precise ground such direction was given does not appear in the case. It is not necessary to refer to these several grounds, :as the second one alone is sufficient to sustain the direction of the court, even if there were no other obstacle in the way of a recovery upon the policy. The second ground upon which the direction was asked is, in substance, that the defendant was not liable for the loss because the undisputed testimony in the case showed that the real estate, when the insurance was…

2Cases cited2 opinions

  1. Hinman v. Hartford Fire InsuranceWisconsin Supreme Court · 1874
  2. Ryan v. Springfield Fire & Marine InsuranceWisconsin Supreme Court · 1879

3Cited by8 opinions

  1. Havens v. Home InsuranceIndiana Supreme Court · 1887
  2. Phenix Insurance v. PickelIndiana Supreme Court · 1889
  3. Garver v. Hawkeye Ins.Supreme Court of Iowa · 1886
  4. Loomis v. Rockford InsuranceWisconsin Supreme Court · 1890
  5. Stevens v. Queen Insurance Co.Wisconsin Supreme Court · 1892

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