Pryce v. Security Insurance Co. of New York
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sheboygan County. This was an action against an insurance company incorporated by the state of New York, to recover the amount insured by it on a building which had been totally destroyed by fire, with twenty-five per cent, damages for its neglect to pay the insurance money within the time specified by the policy.
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APPEAL from the Circuit Court for Sheboygan County. This was an action against an insurance company incorporated by the state of New York, to recover the amount insured by it on a building which had been totally destroyed by fire, with twenty-five per cent, damages for its neglect to pay the insurance money within the time specified by the policy. It was commenced in supposed conformity to section 7, chap. 72, R. S., by filing a petition with the clerk of the circuit court, and the service of a summons to show cause why an order should not be issued directing the state treasurer to sell so…
1Opinion of the Court
Dixon, C. J".
It would seem that counsel for the defendant is right in the construction put by him upon sec. 7, ch. 72, R. S., and that it was only against insurance companies incorporated by some “foreign government,” and not against those incorporated by “other states,” that the commencement of suit by petition filed with the clerk of the circuit court, was authorized; and only against such companies, also, that the twenty-five per cent, damages, in addition to the actual amount of loss and interest, for the detention thereof, with costs, were to be assessed. But whether such be the true…
2Cases cited3 opinions
- McConnel v. Delaware Mutual Safety InsuranceIllinois Supreme Court · 1856
- Washington Union Insurance v. WilsonWisconsin Supreme Court · 1859
- Clayton v. WardellNew York Supreme Court · 1849
3Cited by6 opinions
- Blaeser v. Milwaukee Mechanics' Mutual InsuranceWisconsin Supreme Court · 1875
- Welch v. JugenheimerSupreme Court of Iowa · 1881
- Freeman v. FreemanWisconsin Supreme Court · 1872
- Poertner v. PoertnerWisconsin Supreme Court · 1886
- Baker v. Kansas City Times Co.U.S. Circuit Court for the District of Western Missouri · 1879
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