French v. Fidelity & Casualty Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Portage county: Chas. M. Webb, Circuit Judge. This is an action brought to recover $5,000 on an accident insurance policy for the death of George G. French, the insured, by Eliza J. French, his sister, the beneficiary. The insured, who was a passenger conductor, accidentally struck the lower part of his right leg on a small iron safe in the baggage car January 13, 1905, causing an abrasion of the skin.
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Appeal from a judgment of the circuit court for Portage county: Chas. M. Webb, Circuit Judge. This is an action brought to recover $5,000 on an accident insurance policy for the death of George G. French, the insured, by Eliza J. French, his sister, the beneficiary. The insured, who was a passenger conductor, accidentally struck the lower part of his right leg on a small iron safe in the baggage car January 13, 1905, causing an abrasion of the skin. Septic poison set in, and he died January 28, 1905, as a result of the injury. The policy, which is attached to the complaint as a part thereof,…
1Opinion of the Court
BasiifoRD, T.
The first question presented for determination relates to the alleged warranties found in statements. P and Q, referred to in the statement of facts. Respondent claims that a breach of warranty S is sufficiently alleged in the answer, but we do not so construe the pleading. S embodies the statement that the insured had not had and did not have bronchitis. The answer sets out warranties P and Q, and alleges that the same are false in that the insured at the time of the acceptance of the policy and for a long time prior thereto had been suffering from chronic asthma and bronchitis.…
2Cases cited46 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1878
- Phoenix Life Ins. Co. v. RaddinSupreme Court of the United States · 1887
- Western Commercial Travelers' Ass'n v. SmithCourt of Appeals for the Eighth Circuit · 1898
- Manufacturers' Accident Indemnity Co. v. DorganCourt of Appeals for the Sixth Circuit · 1893
- Dilleber v. . Home Life Insurance Co.New York Court of Appeals · 1877
41 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Kraemer Bros. v. United States Fire InsuranceWisconsin Supreme Court · 1979
- Eastern District Piece Dye Works, Inc. v. Travelers InsuranceNew York Court of Appeals · 1923
- RTE Corp. v. Maryland Casualty Co.Wisconsin Supreme Court · 1976
- McPhee v. American Motorists InsuranceWisconsin Supreme Court · 1973
- Neely v. Provident Life & Accident InsuranceSupreme Court of Pennsylvania · 1936
42 more not listed; retrieve them via the Exa API.