Redmon v. Phœnix Fire Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Monroe County. Action upon an insurance policy. The case is thus stated by Mr. Justice Cassoday: “The complaint sets out the substance of a policy of insurance for $5,000, issued by the defendant to the plaintiffs, and a portion of the application therefor, upon their steam flouring mill in Prescott, and the machinery and fixtures therein (exclusive of boilers and engines), and on the stock of wheat and flour in said mill; and it alleges…
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APPEAL from the Circuit Court for Monroe County. Action upon an insurance policy. The case is thus stated by Mr. Justice Cassoday: “The complaint sets out the substance of a policy of insurance for $5,000, issued by the defendant to the plaintiffs, and a portion of the application therefor, upon their steam flouring mill in Prescott, and the machinery and fixtures therein (exclusive of boilers and engines), and on the stock of wheat and flour in said mill; and it alleges performance of the conditions on the part of the plaintiffs, the accidental destruction by Are, and the required notice and…
1Opinion of the CourtCassoday, J.
Two questions are presented for consideration: Was the evidence to prove the existence of a mechanic’s lien of several thousand dollars on the property in question properly excluded by reason of the insufficiency of the answer? Was the mechanic’s lien an incumbrance, within the meaning of that word as used in the application for the insurance?
It is urged on the part of the respondents, that, in order to entitle the defendants to introduce the evidence offered, they should have alleged in their answer such facts as it would have been necessary to allege in a complaint by Nordyke, Morman & Co.…
2Cases cited13 opinions
- Prindle v. . CaruthersNew York Court of Appeals · 1857
- Hazleton v. Union Bank of ColumbusWisconsin Supreme Court · 1873
- The People Ex Rel. Crane v. . RyderNew York Court of Appeals · 1855
- Morse v. GilmanWisconsin Supreme Court · 1863
- Grannis v. HookerWisconsin Supreme Court · 1871
8 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Westerlund v. Black Bear Mining Co.Court of Appeals for the Eighth Circuit · 1913
- Hankins v. Rockford Insurance Co.Wisconsin Supreme Court · 1887
- Orton v. ScofieldWisconsin Supreme Court · 1884
- Young v. LynchWisconsin Supreme Court · 1886
- State ex rel. Green Bay & Minnesota Railroad v. JenningsWisconsin Supreme Court · 1882
15 more not listed; retrieve them via the Exa API.