Prieger v. Exchange Mutual Insurance
Wisconsin Supreme Court
APPEAL FROM MILWAUKEE COUNTY COURT. TMs was an' action of assumpsit, brought by Ernst Prieger, Paul O. Face and Jacob Hube, plaintiffs, against The Exchange Mutual Insurance Company, defendant, to recover the amount of loss sustained by the plaintiffs by the burning of their paper mill, which was insured by the defendant in the sum of fifteen hundred dollars.
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APPEAL FROM MILWAUKEE COUNTY COURT. TMs was an' action of assumpsit, brought by Ernst Prieger, Paul O. Face and Jacob Hube, plaintiffs, against The Exchange Mutual Insurance Company, defendant, to recover the amount of loss sustained by the plaintiffs by the burning of their paper mill, which was insured by the defendant in the sum of fifteen hundred dollars. The declaration contained a special count upon the policy of insurance, which was in the usual form, and also the common money counts. The defendants pleaded the general issue. The cause was tried to a jury on the 16th day of December,…
1Opinion of the Court
By the Gourt,
Smith J.
It is insisted on the part of the respondents, that the “survey” or “application” furnished by *102the appellants for insurance, and the description of, and statements in regard to, the premises, were made, by the express terms of the policy, a warranty on the part of the appellants; and contended that if such warranty was not complied with, the policy was void; that if such statements or any of them are untrue, by mistake or otherwise, whether material to the risk or not, the policy is void.
Among the conditions for insurance contained in the policy is the following:
“ 1st.…
2Cited by9 opinions
- State ex rel. Lamb v. CunninghamWisconsin Supreme Court · 1892
- Maldaner v. SmithWisconsin Supreme Court · 1899
- MacKintosh v. Agricultural Fire Ins. Co.California Supreme Court · 1907
- Buffalo Pipe Line Co. v. N. Y., Lake Erie & Western R. R. Co.New York Supreme Court · 1880
- Depaola v. Nat. Ins. Co., Humboldt Ins. Co.Supreme Court of Rhode Island · 1915
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