Legal Opinion

Pool v. Milwaukee Mechanics' Insurance

Wisconsin Supreme Court

Decided November 26, 1895PublishedCited by 7 opinions

Appeal from a. judgment of the circuit court for Ashland county: Johk IL'PaRish, .Circuit Judge. On February 14, 1894, in consideration of $46.50, -then paid by the plaintiff to the defendant, the defendant duly made, executed, and delivered to the plaintiff its policy of insurance, bearing date on that day, wherein and whereby it insured the plaintiff a*gainst loss or damage by fire in the sum of $3,000, on his stock of dry goods, notions, carpets, cloaks, furnishing goods,…

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Appeal from a. judgment of the circuit court for Ashland county: Johk IL'PaRish, .Circuit Judge. On February 14, 1894, in consideration of $46.50, -then paid by the plaintiff to the defendant, the defendant duly made, executed, and delivered to the plaintiff its policy of insurance, bearing date on that day, wherein and whereby it insured the plaintiff a*gainst loss or damage by fire in the sum of $3,000, on his stock of dry goods, notions, carpets, cloaks, furnishing goods, and such other merchandise as is usually kept for sale in retail dry-goods stores in the place described. Said policy…

1Opinion of the CourtCassoday, C. J.

1. Counsel contend that the court should have directed a verdict in favor of the defendant, by reason of other insurance having been put upon the property without the written consent of the defendant. As indicated in the foregoing statement, by certain clauses of the policy the same was to be void if the insured thereafter procured any other contract of insurance, unless otherwise provided by agreement indorsed thereon or added thereto, and it was further provided that the defendant was not to be liable for a greater proportion of any loss than the amount of the policy herein should bear to…

2Cases cited4 opinions

  1. Karow v. Continental InsuranceWisconsin Supreme Court · 1883
  2. Spensley v. Lancashire InsuranceWisconsin Supreme Court · 1882
  3. Kircher v. Milwaukee Mechanics' Mutual InsuranceWisconsin Supreme Court · 1889
  4. Copp v. German American Insurance Co.Wisconsin Supreme Court · 1881

3Cited by7 opinions

  1. Insurance Co. of North America v. WilliamsSupreme Court of Alabama · 1917
  2. First National Bank of Crandon v. United States Fidelity & Guaranty Co.Wisconsin Supreme Court · 1912
  3. Straker v. Phenix Insurance Co. of BrooklynWisconsin Supreme Court · 1898
  4. Orient Insurance v. CoxSupreme Court of Arkansas · 1951
  5. Millard v. North River InsuranceWisconsin Supreme Court · 1930

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