Shafer v. Phœnix Insurance Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Action on a policy of insurance upon a brick building. The policy was issued October 3, 1878, insuring the property for one year; and the complaint alleges that it was renewed for one year upon the 3d of October, 1879. The property was destroyed November 18, 1879. The defense set up by the insurer, and the errors alleged to have occurred at the trial, will appear from the opinion.
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APPEAL from the Circuit Court for Winnebago County. Action on a policy of insurance upon a brick building. The policy was issued October 3, 1878, insuring the property for one year; and the complaint alleges that it was renewed for one year upon the 3d of October, 1879. The property was destroyed November 18, 1879. The defense set up by the insurer, and the errors alleged to have occurred at the trial, will appear from the opinion. The policy contained the following among other provisions: “ If the property be sold or transferred, or upon the commencement of foreclosure proceedings against,…
1Opinion of the CourtCole, C. J.
It would be laborious and unprofitable to notice at length the many exceptions relied on by the learned counsel for the defendant to reverse this judgment. Many of the questions discussed by him have already been considered by this court and decided. Of course this court would not reverse a judgment because the trial court permitted the plaintiffs to call a witness to show their respective interests in the insured property after a motion for a nonsuit had been made and denied.. That was a matter resting in the discretion of the court below, which this court will not review. The remark which…
2Cases cited9 opinions
- Gans v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1877
- Webster v. Phœnix InsuranceWisconsin Supreme Court · 1874
- Miner v. Phœnix InsuranceWisconsin Supreme Court · 1871
- McBride v. Republic Fire Ins.Wisconsin Supreme Court · 1872
- Colt v. . Phoenix Fire Insurance Co.New York Court of Appeals · 1874
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Renier v. Dwelling House InsuranceWisconsin Supreme Court · 1889
- German American Insurance v. HymanSupreme Court of Colorado · 1908
- Aetna Life Insurance v. FallowTennessee Supreme Court · 1903
- Wilson v. Minnesota Farmers' Mutual Fire InsuranceSupreme Court of Minnesota · 1886
- Lebanon Savings Bank v. HollenbeckSupreme Court of Minnesota · 1882
10 more not listed; retrieve them via the Exa API.