Cornell v. Milwaukee Mutual Fire Insurance
Wisconsin Supreme Court
APPEAL from tbe County Court of Milwaukee County. Action on an insurance policy, issued by tbe defendant in October, 1861. Tbe property insured is alleged to have been destroyed January 5, 1862. Tbe complaint alleges, among other things, that the insured, Elizabeth Hertzog, duly performed all tbe conditions of tbe policy on her part, and on the 11th of February, 1862, gave the defendant due notice and proof of the fire and loss, and demanded payment of the loss; and that…
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APPEAL from tbe County Court of Milwaukee County. Action on an insurance policy, issued by tbe defendant in October, 1861. Tbe property insured is alleged to have been destroyed January 5, 1862. Tbe complaint alleges, among other things, that the insured, Elizabeth Hertzog, duly performed all tbe conditions of tbe policy on her part, and on the 11th of February, 1862, gave the defendant due notice and proof of the fire and loss, and demanded payment of the loss; and that afterwards she assigned to the plaintiff, for value, the policy and her demand arising out of said loss. The policy, which…
1Opinion of the Court
By the Court,
Cole, J.
The objection that notice of the loss was not given in this case as required by the policy, seems to us insurmountable. It is a plain condition of the contract, that, “in case of any loss or damage by fire happening to any member, upon property insured in and with said company, the said member shall give notice thereof in writing to the secretary of said company, within twenty days from the time such loss or damage may have occurred.” It appears to" us that it is utterly impossible to say, in view of the acts of the assured, *391that there was ever a substantial compliance…
2Cited by8 opinions
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- Prudential Ins. Co. of America v. FallsTennessee Supreme Court · 1935
- United Commercial Travelers of America v. BoazColorado Court of Appeals · 1915
- Aultman & Taylor Co. v. GundersonSouth Dakota Supreme Court · 1894
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