Breakstone v. Appleton Mutual Fire Insurance
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Forest county: Joi-nr Goodlaed, Circuit Judge. Action to recover on an insurance policy. The cause was tried by the court. The facts found, or otherwise appearing, are as follows: A policy of insurance was, in due form, issued by defendant on plaintiff’s property, as.alleged in the complaint.
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Appeal from a judgment of the circuit court for Forest county: Joi-nr Goodlaed, Circuit Judge. Action to recover on an insurance policy. The cause was tried by the court. The facts found, or otherwise appearing, are as follows: A policy of insurance was, in due form, issued by defendant on plaintiff’s property, as.alleged in the complaint. Within the life of such policy, unless it sooner lapsed for failure to pay an assessment.as hereafter mentioned, the property was destroyed by fire. Defendant is organized under secs. 1941 — -1 to 1941 — 13, inclusive, of the Statutes of Wisconsin, and acts…
1Opinion of the CourtMaeshall, J.
As indicated in the statement, the statute in force at the date of the policy became a part of it, regardless of the condition when appellant was organized and that the then existing statute was embodied in its articles of organization and indorsed upon such policy. In whatsoever respect the law and language of the policy differ, the former is paramount. The feature of the statute, as its terms plainly indicate, as to publishing notice of an assessment and proof thereof being “conclusive evidence of notice of such assessment” deals only with the subject of proof, — not with the assessment…
2Cases cited1 opinion
- Milwaukee Trust Co. v. Farmers' Mutual Fire InsuranceWisconsin Supreme Court · 1902
3Cited by7 opinions
- Taggart v. Wachter, Hoskins & Russel, Inc.Court of Appeals of Maryland · 1941
- Stutzman v. Cicero Mutual Fire InsuranceWisconsin Supreme Court · 1912
- Einerson v. Wisconsin Tornado Mutual InsuranceWisconsin Supreme Court · 1932
- Bartz v. Eagle Point Mutual Fire InsuranceWisconsin Supreme Court · 1935
- Tomashek v. Hartland Farmers Mutual Fire InsuranceWisconsin Supreme Court · 1933
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