Pupke v. Resolute Fire Insurance Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Action to recover the amount of a policy of insurance issued by the defendant to Wise & Co. on a stock of groceries, which was destroyed by fire February 24th, 1860. The complaint was in the usual form, with a copy of the policy annexed.
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APPEAL from the Circuit Court for Milwaukee County. Action to recover the amount of a policy of insurance issued by the defendant to Wise & Co. on a stock of groceries, which was destroyed by fire February 24th, 1860. The complaint was in the usual form, with a copy of the policy annexed. The ninth condition of insurance attached to the policy contained these words: “ Persons sustaining losses or damages by fire stall^■fchwith give notice thereof in writing to the company, and ai^^xm after as possible tbey shall deliver as particular an account of their loss and damage as the nature of the…
1Opinion of the Court
By the Court,
PAINE, J.
This case presents, among others, the question whether, after an assignment of a policy of insurance, with the consent of the company, a non-compliance with *382the terms of tbe policy by the assignor, in matters material to the interests of the company, will avoid it as against the as-signee. We are not aware that this question has ever been decided in this states and we feel at liberty to determine it as legal principles seem to require.
In New York it has been held that such subsequent violations of the policy by the assignor, did not affect the right of the assignee to…
2Cases cited1 opinion
- Grosvenor v. Atlantic Fire InsuranceThe Superior Court of New York City · 1856
3Cited by2 opinions
- Illinois Mutual Fire Insurance v. FixIllinois Supreme Court · 1870
- Kempf v. Farmers Mutual Fire InsuranceMissouri Court of Appeals · 1890