Legal Opinion

Straker v. Phenix Insurance Co. of Brooklyn

Wisconsin Supreme Court

Decided December 16, 1898PublishedCited by 23 opinions

Appeal from a judgment of the circuit court for Outagamie county: John- G-oodlaud, Circuit Judge. They argued, inter alia, that a condition against changes-that increase the risk is not broken by an increase resulting, from adjacent premises over which the insured has no control. 8 Wait, Act. & Def. 791; State Ins. Go. v. Taylor, 14 Colo. 499; 8. G. 20 Am. St. Rep. 281; 1 Wood, Fire Ins. (2d ed.), 584; Franldin F. Ins. Oo.v. Grover, 100 Pa.

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Appeal from a judgment of the circuit court for Outagamie county: John- G-oodlaud, Circuit Judge. They argued, inter alia, that a condition against changes-that increase the risk is not broken by an increase resulting, from adjacent premises over which the insured has no control. 8 Wait, Act. & Def. 791; State Ins. Go. v. Taylor, 14 Colo. 499; 8. G. 20 Am. St. Rep. 281; 1 Wood, Fire Ins. (2d ed.), 584; Franldin F. Ins. Oo.v. Grover, 100 Pa. St. 266; May, Ins. §§ 244, 247'; Breuner v. Imerpool & L. do G. Ins. Go. 51 Cal. 101; S. O. 21 Am. Rep. 703; Satterthwaite v. Mut. B. Ins. Asso. 14 Pa.…

1Opinion of the CourtCassoday, C. J.

This is an action to recover on a policy of insurance against loss by fire, issued to the plaintiff by the defendant insurance company July 22,1896, and to continue until July 22,1897, wherein and whereby the appellant agreed, in effect, to insure the plaintiff against all loss and damage by fire during that year, to the amount of $1,900,. npon the two-story frame building, and additions thereto-attached, occupied by the plaintiff as a saloon and dwelling, and situated on the premises described; the loss, if any, payable to the defendant Pabst Brewing Company, mortgagee, as its interest might…

2Cases cited10 opinions

  1. Dowling v. Lancashire InsuranceWisconsin Supreme Court · 1896
  2. Herbst v. LoweWisconsin Supreme Court · 1886
  3. Boyle v. Northwestern Mutual Relief Ass'nWisconsin Supreme Court · 1897
  4. Bourgeois v. Northwestern National InsuranceWisconsin Supreme Court · 1893
  5. Blumer v. Phœnix InsuranceWisconsin Supreme Court · 1878

5 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Welch v. Fire Ass'n of PhiladelphiaWisconsin Supreme Court · 1904
  2. Heim v. American Alliance Insurance Co. of New YorkSupreme Court of Minnesota · 1920
  3. Mangrum & Otter Inc. v. Law Union & Rock Insurance Co.California Supreme Court · 1916
  4. Rossini v. Saint Paul Fire & Marine Ins. Co.California Supreme Court · 1920
  5. Keith v. Royal Insurance Co.Wisconsin Supreme Court · 1903

18 more not listed; retrieve them via the Exa API.

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