Luthe v. Farmers' Mutual Fire Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Oreen Lake County. Action upon a policy of insurance against fire. The answer alleged in substance that, by the terms of the policy, notice to the officers of the company of the loss was a condition precedent to the right to payment, and that no such notice had been given; that the defendant was a town insurance company and had no right or authority to insure a •school-house, that the building claimed to have been burned was used and…
Read the full summary
APPEAL from the Circuit Court for Oreen Lake County. Action upon a policy of insurance against fire. The answer alleged in substance that, by the terms of the policy, notice to the officers of the company of the loss was a condition precedent to the right to payment, and that no such notice had been given; that the defendant was a town insurance company and had no right or authority to insure a •school-house, that the building claimed to have been burned was used and occupied at the time as a school-house, that the defendant never assented to such use, and that the risk was increased thereby;…
1Opinion of the CourtORtoh, J.
There is such an entire absence of all findings by the circuit court on the issues made by the answer that the judgment would be reversed for that reason, if all of the evidence had not been preserved in a bill of exceptions and brought to this court as~a part of the record. Dogge v. N. W. N. Ins. Co., 49 Wis., 501; Wis. River Lumber Co. v. Plumer, id., 666.
The policy was written on the building as a dwelling, and *546the answer in effect charges that such building was after-wards converted into a school-house, and at the time of its loss by fire it had become and was a school-house, and was used…
2Cases cited6 opinions
- Madison, Watertown & Milwaukee Plank Road Co. v. Watertown & Portland Plank Road Co.Wisconsin Supreme Court · 1859
- Dogge v. Northwestern National InsuranceWisconsin Supreme Court · 1880
- Northwestern Union Packet Co. v. ShawWisconsin Supreme Court · 1875
- Clark v. FarringtonWisconsin Supreme Court · 1860
- Rock River Bank v. SherwoodWisconsin Supreme Court · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- McCoy v. Northwestern Mutual Relief Ass'nWisconsin Supreme Court · 1896
- Francis v. International Travelers' Ass'nCourt of Appeals of Texas · 1924
- Morrison v. Wisconsin Odd Fellows' Mutual Life InsuranceWisconsin Supreme Court · 1884
- Farmer v. St. Croix Power Co.Wisconsin Supreme Court · 1903
- Blue Mound Farm Supply Co. v. Farmers' Mutual Fire InsuranceWisconsin Supreme Court · 1928
1 more not listed; retrieve them via the Exa API.