Whitman v. Milwaukee Fire Insurance
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Daue ■couuty: E. Nay Stevens, Circuit Judge. Action on an alleged parol contract of insurance.
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Appeal from a judgment of tbe circuit court for Daue ■couuty: E. Nay Stevens, Circuit Judge. Action on an alleged parol contract of insurance. Tbe statements in tbe complaint purport to show tbis state of things: August 8, 1904, Edward J. Laufenberg and God-frey Laufenberg, owners of a cheese factory and its belongings, located on certain described land, agreeable to solicitation by defendant’s agent, consented to have such property insured for one year against loss by fire in defendant company, to the extent of $1,200, at the rate of two and one-half: per centum. The agent took an…
1Opinion of the CourtMaRShall, J.
It is considered tibe determination of the court below, as to there being an entire absence of evidence warranting the jury in reasonably coming to the conclusion that a contract of insurance was made between respondent and the Laufenbergs, cannot be disturbed. It is absolutely essential to any contract that the minds of the persons representing the two sides of the matter shall consentiently meet upon the major proposition constituting the same; upon a particular result to be accomplished, involving mutual obligations for future performance, or a consideration moving in prcBsenti from one to…
2Cases cited11 opinions
- Piedmont, Etc. Life-Ins. Co. v. Ewing, Etc.Supreme Court of the United States · 1876
- Commercial Mutual Marine Insurance v. Union Mutual Insurance Co.Supreme Court of the United States · 1857
- Trustees of the First Baptist Church v. Brooklyn Fire InsuranceNew York Court of Appeals · 1863
- Strohn v. Hartford Fire InsuranceWisconsin Supreme Court · 1875
- Taylor v. Phœnix Insurance Co. of HartfordWisconsin Supreme Court · 1879
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Dorman v. Connecticut Fire Ins. Co.Supreme Court of Oklahoma · 1914
- K. C. Working Chemical Co. v. Eureka-Security Fire & Marine InsuranceCalifornia Court of Appeal · 1947
- American Can Co. v. Agricultural InsuranceCalifornia Court of Appeal · 1909
- Hallauer v. Fire Ass'n of PhiladelphiaWest Virginia Supreme Court · 1919
- Schilbrch v. Inter-Ocean Casualty Co.Wisconsin Supreme Court · 1923
10 more not listed; retrieve them via the Exa API.