Phœnix Insurance Co. v. Badger
Wisconsin Supreme Court
ERROR to the Circuit Court for Winnebago County. Badger brought the action in the circuit court upon a,policy of insurance against fire upon a frame dwelling-house.
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ERROR to the Circuit Court for Winnebago County. Badger brought the action in the circuit court upon a,policy of insurance against fire upon a frame dwelling-house. The policy was issued April 18, 1877, and the loss occurred December 29,1877. The answer was, in substance, that the assured had never furnished to the insurance company any proofs of loss, and no action could accrue under the policy until the lapse of sixty days from the furnishing of such proofs; that he had never procured and furnished to the company the certificate of a magistrate or notary public, as the policy required ;…
1Opinion of the Court
Obto:n, J.
The defendant in error, as a witness in his own behalf, was asked whether he furnished the plaintiff in error, or its agent, at their request, “ any statements as to materials or anything of the kind,” and he answered that he did. He was then asked “ what these statements contained,” and the plaintiff in error excepted to the overruling of the objection to the question, “ that the statements must be introduced.” This is the first error assigned. It will be perceived that the witness had already answered without objection that the statements furnished were of materials, and in answer…
2Cases cited1 opinion
- Hurst v. . LitchfieldNew York Court of Appeals · 1868
3Cited by31 opinions
- Prader v. National Masonic Accident Ass'nSupreme Court of Iowa · 1895
- Kahn v. Traders InsuranceWyoming Supreme Court · 1893
- Vangindertaelen v. Phenix InsuranceWisconsin Supreme Court · 1892
- Independent School District No. 35 v. A. Hedenberg & Co.Supreme Court of Minnesota · 1943
- Canfield v. Watertown Fire InsuranceWisconsin Supreme Court · 1882
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