McFetridge v. Phenix Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Gohimbia County,, This action was commenced October 9, 1891, upon a policy of insurance on an ice-house described, executed by the defendant April 24, 1890, and indemnifying the plaintiff to the amount of $1,500 against loss or damage by fire at any time from April 24, 1890, to April 24, 1891. January 1, 1891, the property was destroyed by fire. The complaint is in the usual form in such cases.
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APPEAL from the Circuit Court for Gohimbia County,, This action was commenced October 9, 1891, upon a policy of insurance on an ice-house described, executed by the defendant April 24, 1890, and indemnifying the plaintiff to the amount of $1,500 against loss or damage by fire at any time from April 24, 1890, to April 24, 1891. January 1, 1891, the property was destroyed by fire. The complaint is in the usual form in such cases. The defendant, by way of answer, alleged breaches of the conditions contained in the policy, to the effect following, to wit: “ (1) If the hazard be changed by…
1Opinion of the CourtCassoday, J.
It is undisputed that at the time of making the contract of insurance the plaintiff was in partnership with Scott and Smith, mentioned in the foregoing statement; that the firm then owned the property so insured, and each had an interest therein; that Hugh Martin acted as and was the agent of the defendant in making the contract of insurance and in countersigning the policy and issuing the same to the plaintiff. It is contended that it was competent for the plaintiff, as one of the partners, to insure the property in his individual name. Assuming that one of a firm may insure in his own name,…
2Cases cited2 opinions
- Renier v. Dwelling House InsuranceWisconsin Supreme Court · 1889
- Cannon v. Home Insurance Company of New YorkWisconsin Supreme Court · 1881
3Cited by6 opinions
- Syndicate Ins. v. BohnCourt of Appeals for the Eighth Circuit · 1894
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
- Mechanics & Traders Insurance v. Mutual Real Estate & Blg. Ass'nSupreme Court of Georgia · 1896
- Woodard v. German-American Insurance Co. of New YorkWisconsin Supreme Court · 1906
- Baldwin v. German InsuranceSupreme Court of Iowa · 1898
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