Carberry v. German Insurance Co. of Freeport, Illinois
Wisconsin Supreme Court
APPEAL from the Circuit Court for Wauhesha County. Action on a fire-insurance policy. The complaint is thus stated by Mr. Justice TayloR: “ The complaint sets out, among other things, that the company agreed to pay, in case of loss, ■‘the amount of the loss or damage, to he estimated according to the cash value of the property at the time of the loss, and to be paid ninety days after notice and proof thereof made by the assured to the defendant.’ The defendant demurs to the…
Read the full summary
APPEAL from the Circuit Court for Wauhesha County. Action on a fire-insurance policy. The complaint is thus stated by Mr. Justice TayloR: “ The complaint sets out, among other things, that the company agreed to pay, in case of loss, ■‘the amount of the loss or damage, to he estimated according to the cash value of the property at the time of the loss, and to be paid ninety days after notice and proof thereof made by the assured to the defendant.’ The defendant demurs to the complaint on the ground that it does not state facts sufficient to constitute a cause of action. The point made against…
1Opinion of the CourtTayloR, J.
The learned counsel for the appellant insists that the complaint does not show upon its face that there was anything due to the plaintiffs upon the policy of insurance set out in the complaint'at the time the action was commenced, or at the time of filing the complaint, because the facts stated do not show that the proofs of loss were made and delivered to the defendant ninety days before the commencement of the action or filing of the complaint. This position is not controverted by the learned counsel for the respondents, but he insists that, as it does not affirmatively appear upon the face…
2Cases cited7 opinions
- Smith v. . HolmesNew York Court of Appeals · 1859
- Doyle v. Phœnix InsuranceCalifornia Supreme Court · 1872
- Supervisors of Franklin v. KirbyWisconsin Supreme Court · 1870
- Maynard v. TalcottNew York Supreme Court · 1852
- Board of Supervisors v. VivianWisconsin Supreme Court · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Colclough v. City of MilwaukeeWisconsin Supreme Court · 1896
- Wicecarver v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1909
- Benedix v. German Insurance of FreeportWisconsin Supreme Court · 1890
- Scheiderer v. Travellers' Insurance Co.Wisconsin Supreme Court · 1883
- First National Bank v. Dakota Fire & Marine InsuranceSouth Dakota Supreme Court · 1894
5 more not listed; retrieve them via the Exa API.