Carey v. German American Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Action upon a policy of insurance against fire. The facts are sufficiently stated in the opinion. The defendant appeals from a judgment in favor of the plaintiff. argued, among other things, that as a matter of fact the possession was changed and the change continued until the property was destroyed. It was never delivered back to the assured.
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APPEAL from the Circuit Court for Winnebago County. Action upon a policy of insurance against fire. The facts are sufficiently stated in the opinion. The defendant appeals from a judgment in favor of the plaintiff. argued, among other things, that as a matter of fact the possession was changed and the change continued until the property was destroyed. It was never delivered back to the assured. Not only was it a change in fact, but one in law, for the reason that the attachment was legally executed and such execution requires a reduction of the property to the possession of the sheriff. R. S.…
1Opinion of the Court
Obtoñ, J.
On the 14th day of September, 1889, the appellant company issued to the respondent a policy of insurance for $2,500 on his cranberries stored in his frame shingle roof warehouse, and in boxes piled next to said *83warehouse covered with canvas, situated in Waushara county, in this state. The policy provided that a part of the loss should be paid to one W. D. Williams, as his interest might appear. The insured property was nearly totally destroyed by fire on the 19th day of the same month. The plaintiff recovered a judgment for $2,812.46 as damages, besides costs. In said judgment it is…
2Cases cited6 opinions
- Gans v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1877
- Hankins v. Rockford Insurance Co.Wisconsin Supreme Court · 1887
- Renier v. Dwelling House InsuranceWisconsin Supreme Court · 1889
- Knudson v. Hekla Fire InsuranceWisconsin Supreme Court · 1889
- Wakefield v. Orient Insurance Co. of HartfordWisconsin Supreme Court · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Welch v. Fire Ass'n of PhiladelphiaWisconsin Supreme Court · 1904
- Love v. National Liberty InsuranceSupreme Court of Georgia · 1924
- Lippman v. Ætna InsuranceSupreme Court of Georgia · 1899
- Sullivan v. Mercantile Town Mut. Ins. Co.Supreme Court of Oklahoma · 1908
- Trustees of St. Clara Female Academy of Sinsinawa Mound v. Northwestern National Insurance Co.Wisconsin Supreme Court · 1898
17 more not listed; retrieve them via the Exa API.