Sherman v. Madison Mutual Insurance
Wisconsin Supreme Court
APPEAL from the County Court of Dodge County. Tbe defendant company issued three policies of insurance to tbe plaintiff, of five hundred dollars each, on bis live stock.
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APPEAL from the County Court of Dodge County. Tbe defendant company issued three policies of insurance to tbe plaintiff, of five hundred dollars each, on bis live stock. Each of these policies contained the following provision: “ In all cases of other insurance upon the property, .... in case of loss or damage by fire, the insured shall not be entitled to demand or recover on this policy any greater portion of the loss or damage sustained than the amount hereby insured bears to the whole amount insured on said property.” A loss having occurred, the defendant paid the plaintiff $721.96 on…
1Opinion of the CourtLyoN, J.
It is not certified that the bill of exceptions contains all of the testimony; hence it must be presumed that the findings of fact are sustained by the proofs, although the testimony preserved in the bill may be insufficient for that purpose. We have only to determine whether such findings support the judgment.
It is objected that the findings fail to show the liability of the defendant, because it does not appear therefrom that the plaintiff gave notice of the additional insurance as required by the terms of the policies in suit. But it appears from such findings that the additional insurance…
2Cited by9 opinions
- Continental Insurance v. PearceSupreme Court of Kansas · 1888
- Alexander v. Continental Insurance Co. of New YorkWisconsin Supreme Court · 1886
- Wallis v. First National Bank of RacineWisconsin Supreme Court · 1914
- Schmaelzle v. London & Lancashire Fire InsuranceSupreme Court of Connecticut · 1903
- Estate v. Law Union & Crown InsuranceNebraska Supreme Court · 1914
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