Gould v. Pennsylvania Fire Insurance
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Winnebago county: Geo. W. BuRnell, Circuit Judge. Action to recover $4,700 on three insurance policies issued October 3 and 4, 1918, for the loss of $6,602.67 on a stock of goods destroyed by fire November 14, 1918. Due proof of loss was made. At the time the policies were issued the goods were owned by one Volk.
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Appeal from a judgment of the circuit court for Winnebago county: Geo. W. BuRnell, Circuit Judge. Action to recover $4,700 on three insurance policies issued October 3 and 4, 1918, for the loss of $6,602.67 on a stock of goods destroyed by fire November 14, 1918. Due proof of loss was made. At the time the policies were issued the goods were owned by one Volk. The agent of the Pennsylvania Fire Insurance Company and of the Hartford Fire Insurance Company, one Johnson, secured the insurance, and pursuant to a plan between him and Pitt, the agent of the Minneapolis Fire & Marine Insurance…
1Opinion of the CourtVinje, J.
The claim that the policies were void because of false swearing as to ownership of goods was disposed of adversely to the defendants by the trial court because the evidence did not sustain it. There was some testimony to the effect that plaintiff had told the state fire marshal who had investigated the case that he and Volk were partners. The trial court properly found such statement was not made. Even if it had been it could not have affected the validity of the policies, because the undisputed proof showed that plaintiff was the sole owner subject to the chattel mortgage.
The trial court…
2Cases cited2 opinions
- Welch v. Fire Ass'n of PhiladelphiaWisconsin Supreme Court · 1904
- Stilp v. New York Life InsuranceWisconsin Supreme Court · 1918
3Cited by2 opinions
- Heikes v. Farm Bureau Insurance Company of Neb.Nebraska Supreme Court · 1967
- Jaeger v. Farmers' Mutual Town Fire InsuranceWisconsin Supreme Court · 1924