Strohn v. Hartford Fire Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rock County. argued, among other things, that the oral agreement proved was to be terminated by the issue of the policy, or by notice. The question of time is not involved in it. That was at the will of the defendant. Kelley v. Com. Ins. Go. of Pa., 10 Bosw.; 82; Perkins v. Washington Ins. Go., 4 Cow., 664; Baxter v. Massasoit Ins. Go., 13 Allen, 320; Hew Eng. Ins. Go. v. Robinson, 25 Ind., 536 ; Davenport v. Peoria Ins.
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APPEAL from the Circuit Court for Rock County. argued, among other things, that the oral agreement proved was to be terminated by the issue of the policy, or by notice. The question of time is not involved in it. That was at the will of the defendant. Kelley v. Com. Ins. Go. of Pa., 10 Bosw.; 82; Perkins v. Washington Ins. Go., 4 Cow., 664; Baxter v. Massasoit Ins. Go., 13 Allen, 320; Hew Eng. Ins. Go. v. Robinson, 25 Ind., 536 ; Davenport v. Peoria Ins. Co., 37 Me., 157; Ellis v. Albany City Fire Ins. Go., 50 N. Y., 402; Walker v. Metropolitan Ins. Go., 56 Me., 871; Peoria Ins. Go. v.…
1Opinion of the CourtCole, J.
The court below nonsuited the plaintiffs upon the ground that, as there was'no time fixed for the expiration of the policy or continuance of the risk, no complete contract of insurance was entered into between the parties. The correctness of this view of the case is the main question before us ; for, if sustained, it ends the cause.
The complaint states three separate parol agreements for insurance, made by H. N. Comstock for the benefit of himself and the plaintiffs, with O. J. Dearborn as agent of the defend*627ant company. These agreements, as set out in the complaint, are explicit and definite…
2Cases cited3 opinions
- Trustees of the First Baptist Ch. v. . Brooklyn Fire Ins.New York Court of Appeals · 1859
- Trustees of the First Baptist Church v. Brooklyn Fire InsuranceNew York Court of Appeals · 1863
- Audubon v. . Excelsior Insurance CompanyNew York Court of Appeals · 1863
3Cited by20 opinions
- Michigan Pipe Co. v. Michigan Fire & Marine InsuranceMichigan Supreme Court · 1892
- Witt v. Realist, Inc.Wisconsin Supreme Court · 1962
- Western Assurance Co. v. McAlpinIndiana Court of Appeals · 1899
- Campbell v. American Fire Insurance Co. of PhiladelphiaWisconsin Supreme Court · 1888
- Cleveland Oil Co. v. Norwich Ins. SocietyOregon Supreme Court · 1898
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