Sheldon v. Hekla Fire Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. This action was brought to recover damages for the breach of an alleged contract on the part of the defendant company, entered into by one Bradt, its agent, on November 11, 1884, to insure the dwelling-house of the plaintiff, in Omro, “ against loss or damage by fire for the period of three years from said date, in the sum of three hundred dollars, in consideration of which this plaintiff agreed to pay and has paid to said…
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APPEAL from the Circuit Court for Winnebago County. This action was brought to recover damages for the breach of an alleged contract on the part of the defendant company, entered into by one Bradt, its agent, on November 11, 1884, to insure the dwelling-house of the plaintiff, in Omro, “ against loss or damage by fire for the period of three years from said date, in the sum of three hundred dollars, in consideration of which this plaintiff agreed to pay and has paid to said defendant the sum of three dollars and seventy-five cents premium.” The dwelling-house was totally destroyed by fire,…
1Opinion of the CourtLyoN, J.
The controlling question is, Did the defendant company contract with the plaintiff to insure his building, as charged in the complaint ? The testimony of the plaintiff as to the making of the alleged contract is as follows: “About the 17th of November, I had a conversation with M. G-. Bradt about insuring this building. I went to Mr. Bradt and asked him if he wouldn’t insure my house. He said he would. I told him I wanted it insured for three years for $300. ITe said he would. I asked him how much ? $3.75. . . . He said he would insure it. I told him to make out the policy, and I would pay…
2Cited by9 opinions
- Croft v. Hanover Fire InsuranceWest Virginia Supreme Court · 1895
- Milwaukee Bedding Co. v. GraebnerWisconsin Supreme Court · 1923
- Kleis v. Niagara Fire InsuranceMichigan Supreme Court · 1898
- John R. Davis Lumber Co. v. Scottish Union & National InsuranceWisconsin Supreme Court · 1896
- Grimes v. Virginia Fire & Marine Ins. Co.Court of Appeals of Texas · 1920
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