Kirk v. Dodge County Mutual Insurance
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Pejpim County. Action to recover tbe amount of an insurance policy issued by tbe defendant company, dated January 12, 1875, upon tbe plaintiffs hotel property in tbe town of Waterville, in Pepin county. Tbe complaint alleges a compliance by tbe plaintiff with all tbe conditions of tbe policy; a total loss by fire on tbe 14th day of February, 1875; due notice thereof to tbe defendant; and a demand and refusal of payment.
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APPEAL from tbe Circuit Court for Pejpim County. Action to recover tbe amount of an insurance policy issued by tbe defendant company, dated January 12, 1875, upon tbe plaintiffs hotel property in tbe town of Waterville, in Pepin county. Tbe complaint alleges a compliance by tbe plaintiff with all tbe conditions of tbe policy; a total loss by fire on tbe 14th day of February, 1875; due notice thereof to tbe defendant; and a demand and refusal of payment. Tbe answer alleges, as a defense, tbe execution by plaintiff of an instrument in writing, which is set forth at length in tbe opinion; tbe…
1Opinion of the CourtCole, J.
The question in this case is, whether an instrument of which the following is a copy, is a negotiable promissory note:
“ $40.00. AbeaNsaw P. O. E. N. Stillman, Agent. Pepin Co., Wis., Jan’y 12, 1875. On or before the 12th of February next, for value received, I promise to pay to the Dodge County Mutual Insurance Co. or order, at their office in Waupun, *140Wis., forty dollars for premium for insurance policy No. 2,193 in said company.
_ “ And it is further agreed that if this note he not paid at maturity, the whole amount of premium on said policy shall he considered as earned, and the policy he…
2Cases cited5 opinions
- Williams v. Albany City InsuranceMichigan Supreme Court · 1870
- Hodges v. . ShulerNew York Court of Appeals · 1860
- Blake v. ColemanWisconsin Supreme Court · 1868
- Sanders & Ogden v. BaconNew York Supreme Court · 1811
- Ward v. PerrigoWisconsin Supreme Court · 1873
3Cited by6 opinions
- Shelling State Bank v. ClasenSupreme Court of Minnesota · 1916
- Lincoln Nat. Bank v. PerryCourt of Appeals for the Eighth Circuit · 1895
- Morgan v. EdwardsWisconsin Supreme Court · 1881
- Adams v. AddingtonUnited States Circuit Court · 1883
- Iowa State Savings Bank v. WignallSupreme Court of Oklahoma · 1916
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