Legal Opinion

Wisconsin Central Railway Co. v. Phœnix Insurance

Wisconsin Supreme Court

Decided December 13, 1904PublishedCited by 8 opinions

Appeal from a judgment of tlie circuit court for Winnebago county: Geo. W. Burnell, Circuit Judge. An action upon two policies, issued by the defendant insurance company to plaintiff, upon shingles of plaintiff at Menasha, Wisconsin.

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Appeal from a judgment of tlie circuit court for Winnebago county: Geo. W. Burnell, Circuit Judge. An action upon two policies, issued by the defendant insurance company to plaintiff, upon shingles of plaintiff at Menasha, Wisconsin. One policy bears date January 31, 1903, for $2,500, and the other, February Y, 1903, for $1,000. It appears that the insurance was effected by Furlong & Leedom, who were engaged in the insurance business in the city of Milwaukee at the time these policies were issued, and bad conducted a business as insurance brokers for a considerable period prior to tbis time.…

1Opinion of the CourtSiebecKeb, J.

Upon the foregoing statement of facts of ■the case the circuit court held that Furlong & Leedom were ■not the agents of the plaintiff to receive notice to cancel sub.-sisting insurance, and held that the policies sued on'were in force at the time of the fire. It is strenuously insisted by •the defendant that the facts and circumstances show that Furlong & Leedom had authority from the plaintiff to rc-■ceive notice to cancel subsisting policies‘and procure substituted insurance to keep'up the full line of insurance origin•ally ordered. An insurance agent may be the agent of the .assured in…

2Cases cited8 opinions

  1. Grace v. American Central InsuranceSupreme Court of the United States · 1883
  2. John R. Davis Lumber Co. v. Hartford Fire InsuranceWisconsin Supreme Court · 1897
  3. Welch v. Fire Ass'n of PhiladelphiaWisconsin Supreme Court · 1904
  4. White v. Insurance Co. of New YorkU.S. Circuit Court for the District of Rhode Island · 1899
  5. Schauer v. Queen Insurance Co. of AmericaWisconsin Supreme Court · 1894

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3Cited by8 opinions

  1. American Fire Insurance v. King Lumber & Manufacturing Co.Supreme Court of Florida · 1917
  2. Lewis v. Paul Revere Life InsuranceDistrict Court, E.D. Wisconsin · 2000
  3. Gilbert v. United States Fire InsuranceWisconsin Supreme Court · 1970
  4. Witt v. Employers Liability Assurance Corp.Wisconsin Supreme Court · 1929
  5. McCord v. Illinois National Fire InsuranceIndiana Court of Appeals · 1911

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