Dogge v. Northwestern National Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lao County. Action on a policy of insurance against fire. The trial was by a referee; and the defendant’s exceptions to the referee’s report were overruled, the report confirmed, and judgment rendered thereon for the plaintiff. Defendant appealed from the judgment.
1Opinion of the CourtCole, J.
1. "With other defenses set up in the answer to defeat a recovery were these: first, that prior to the commencement of the action the plaintiff had assigned all his interest in the policy to one Ií. J. Gerphide, and therefore had no claim on the defendant for the insurance money; and second, that there was such fraud and false swearing in the preliminary proofs of loss, in regard to the value of the ¡property insured, as would defeat the action.
In regard to the first defense, it is undeniable that there was considerable testimony introduced which tended to sustain it. The reféi’ee found upon…
2Cases cited3 opinions
- Insurance Companies v. WeidesSupreme Court of the United States · 1872
- Wolf v. Goodhue Fire InsuranceNew York Supreme Court · 1864
- Marion v. Great Republic InsuranceSupreme Court of Missouri · 1864
3Cited by26 opinions
- Ocean Accident & Guarantee Corp. v. Southwestern Bell Telephone Co.Court of Appeals for the Eighth Circuit · 1939
- Maryland Casualty Co. v. Omaha Electric Light & Power Co.Court of Appeals for the Eighth Circuit · 1907
- Beyer v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1901
- Seyk v. Millers' National InsuranceWisconsin Supreme Court · 1889
- Campbell v. Great Lakes Insurance Co.Michigan Supreme Court · 1924
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