Legal Opinion

Ætna Insurance v. Harvey

Wisconsin Supreme Court

Decided June 4, 1860PublishedCited by 30 opinions

ERROR TO CIRCUXT COURT, SHEBOYGAN COUNTY. On the trial of this action, in the circuit court, the judge found that “ the note upon which this action is brought was given for the premium of a certain policy of insurance, issued by the plaintiff, by Cyrus P. Hiller, the agent of said company. in the county of Sheboygan, and state of Wisconsin, in the year A. D. 1855; and that the said plaintiff had not filed a statement of the affairs of said company in the office of the…

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ERROR TO CIRCUXT COURT, SHEBOYGAN COUNTY. On the trial of this action, in the circuit court, the judge found that “ the note upon which this action is brought was given for the premium of a certain policy of insurance, issued by the plaintiff, by Cyrus P. Hiller, the agent of said company. in the county of Sheboygan, and state of Wisconsin, in the year A. D. 1855; and that the said plaintiff had not filed a statement of the affairs of said company in the office of the Secretary of State, at Madison, for said year, in compliance with law; that the said note is void. And it is further adjudged,…

1Opinion of the Court

By the Court,

Paine, J.

This action was brought by the plaintiff in error, upon a note given by the defendant in error, for a premium of insurance. The contract was made in this state, between the defendant and an agent of the plaintiff doing business at Sheboygan. It was set up in the answer that previous to issuing the policy there had been no compliance *396on the part of the company or the agent with the provisions of sec. 7, chap. 72, of the R. S., 1858, which was first enacted in 1855. And by the facts agreed upon in the court below, it appears that there had not been such compliance, the…

2Cases cited1 opinion

  1. Bancroft v. DumasSupreme Court of Vermont · 1849

3Cited by30 opinions

  1. The Walter A. Wood Mowing v. CaldwellIndiana Supreme Court · 1876
  2. Peoria Marine & Fire Insurance v. WalserIndiana Supreme Court · 1864
  3. People v. HawkinsMichigan Supreme Court · 1895
  4. Clarke v. Lincoln Lumber Co.Wisconsin Supreme Court · 1884
  5. Hartford Fire Insurance v. RaymondMichigan Supreme Court · 1888

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