Knox v. Lycoming Fire Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lao County. Action upon a policy of insurance issued by the defendant company to the plaintiffs on a quantity of lumber in the city of Stevens Point. The complaint contains a prayer that the policy be reformed, and for judgment for the amount insured.
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APPEAL from the Circuit Court for Fond du Lao County. Action upon a policy of insurance issued by the defendant company to the plaintiffs on a quantity of lumber in the city of Stevens Point. The complaint contains a prayer that the policy be reformed, and for judgment for the amount insured. The facts of the case, as they appear from the pleadings and evidence, are substantially as follows: May 12, 1877, one L. M. Taylor, who was the agent of the defendant company at Menasha, called upon the plaintiffs in Stevens Point, and solicited them to take insurance in that company on their lumber in…
1Opinion of the CourtLyoN, J.
The evidence is undisputed that, by the terms of the contract between the plaintiffs and the agent Taylor, the risk was to commence when the premium was paid, that is, on Saturday, May 12. The plaintiff W. H. Knox (who negotiated for the plaintiffs), and Taylor, both so testified; If, therefore, the defendant company is otherwise liable, it is manifest that the policy should be reformed to express the contract which the parties actually made.
The court found that Taylor had no authority to bind the defendant by his contract with the plaintiffs; that the latter were guilty o.f a fraudulent…
2Cases cited2 opinions
- Webster v. Phœnix InsuranceWisconsin Supreme Court · 1874
- Northwestern Mutual Life Insurance v. Germania Fire InsuranceWisconsin Supreme Court · 1876
3Cited by6 opinions
- Continental Insurance v. RuckmanIllinois Supreme Court · 1889
- Zell v. Herman Farmers' Mutual InsuranceWisconsin Supreme Court · 1890
- Body v. Hartford Fire InsuranceWisconsin Supreme Court · 1885
- United Firemen's Ins. v. ThomasCourt of Appeals for the Seventh Circuit · 1899
- Mathers v. Union Mutual Accident Ass'nWisconsin Supreme Court · 1891
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