Butternut Manufacturing Co. v. Manufacturers' Mutual Fire Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland County. The following statement of the case was prepared by Mr. Justice Cassoday: The complaint alleges, in effect, the incorporation and organization of both the plaintiff and the defendant; that January 4, 1889, the plaintiff entered into an agreement with the defendant whereby, in consideration of an amount named, the defendant by its duly authorized agent did agree to insure this plaintiff against any loss or damage by fire upon…
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APPEAL from the Circuit Court for Ashland County. The following statement of the case was prepared by Mr. Justice Cassoday: The complaint alleges, in effect, the incorporation and organization of both the plaintiff and the defendant; that January 4, 1889, the plaintiff entered into an agreement with the defendant whereby, in consideration of an amount named, the defendant by its duly authorized agent did agree to insure this plaintiff against any loss or damage by fire upon the property therein described, and did by its duly authorized agents — to wit, its president and secretary —make and…
1Opinion of the CourtOassodat, J.
It is claimed that by the terms of the policy as set out in the complaint there is no agreement on the *207part of the defendant to insure the plaintiff; that the only agreement therein is that the plaintiff company, having secured and in part paid the premium, “ do insure,” etc. The substance of what is thus contained in the policy is indicated in the foregoing statement. It is very manifest that the name of the insurance company in the fore part of the policy has inadvertently been omitted in copying the same into the complaint. Counsel claim that such inadvertent omission cannot be aided by…
2Cases cited1 opinion
- Burnham v. City of MilwaukeeWisconsin Supreme Court · 1887
3Cited by2 opinions
- Milwaukee Mechanics' Insurance v. SchallmanIllinois Supreme Court · 1900
- Harris v. North American InsuranceMassachusetts Supreme Judicial Court · 1906