Goldman v. Fidelity & Deposit Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Brown county: Samuel D. HastiNgs, Circuit Judge. Action upon a bond conditioned for tbe reimbursing to tbe plaintiff such pecuniary loss as be might suffer by any act of larceny or embezzlement on tbe part of one O’Brien, bis employee; tbe complaint alleging an embezzlement to tbe amount of $470. Tbe bond was issued upon tbe application of O’Brien, but, before its issue, a statement from tbe plaintiff was obtained upon a…
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Appeal from a judgment of tbe circuit court for Brown county: Samuel D. HastiNgs, Circuit Judge. Action upon a bond conditioned for tbe reimbursing to tbe plaintiff such pecuniary loss as be might suffer by any act of larceny or embezzlement on tbe part of one O’Brien, bis employee; tbe complaint alleging an embezzlement to tbe amount of $470. Tbe bond was issued upon tbe application of O’Brien, but, before its issue, a statement from tbe plaintiff was obtained upon a written blank declaring tliat tbe company desired answers to tbe questions therein as. conditions-precedent and as tbe basis…
1Opinion of the CourtDodge, J.
Certain general views and conclusions will dispose of a considerable number of the very many objections raised by appellant to a recovery upon the guaranty bond, without the necessity of detailed consideration. Among such is the rule that neither falsity of any of the statements contained in plaintiff’s so-called “application,” whether they be deemed representations or warranties, nor any omission upon *393wbicb, under tbe bond, appellant might claim a forfeiture, •can be available except as they have been expressly pleaded. The plaintiff is not required, in the first instance, to prove the truth…
2Cases cited13 opinions
- Redman v. Ætna InsuranceWisconsin Supreme Court · 1880
- Kinney v. CrockerWisconsin Supreme Court · 1864
- Chambers v. Northwestern Mutual Life InsuranceSupreme Court of Minnesota · 1896
- Cannon v. Home Insurance Company of New YorkWisconsin Supreme Court · 1881
- Fraser v. Ætna Life Insurance Co.Wisconsin Supreme Court · 1902
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- French v. Fidelity & Casualty Co.Wisconsin Supreme Court · 1908
- United American Fire Insurance Co. v. American Bonding Co. of BaltimoreWisconsin Supreme Court · 1911
- Lam Yee v. StateWisconsin Supreme Court · 1907
- Montana Auto Finance Corp. v. Federal Surety Co.Montana Supreme Court · 1929
- City of Marinette v. Goodrich Transit Co.Wisconsin Supreme Court · 1913
3 more not listed; retrieve them via the Exa API.