Beyer v. St. Paul Fire & Marine Insurance
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Oconto county: S. D. Hastings, Jb., Circuit Judge. This was an action by plaintiff, as assignee, to recover a substantially total loss on two fire insurance policies assigned to him, respectively, by Louis Belongia and his wife, Dina Belongia, upon the second of which only are questions raised on this appeal. Mrs. Belongia is shown to have held title, substantially, to the entire family property.
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Appeal from a judgment of the circuit court for Oconto county: S. D. Hastings, Jb., Circuit Judge. This was an action by plaintiff, as assignee, to recover a substantially total loss on two fire insurance policies assigned to him, respectively, by Louis Belongia and his wife, Dina Belongia, upon the second of which only are questions raised on this appeal. Mrs. Belongia is shown to have held title, substantially, to the entire family property. She leased a farm and operated it, her husband aiding to some extent, but being largely engaged in his own business as a lumberman and cruiser. She…
1Opinion of the CourtDodge, J.
The burden of argument in this case was demoted to the question of fact whether any evidence supported the findings that plaintiff did not knowingly swear falsely either as to her ownership, as to the quantity, or as to the value of the insured property. This question was raised on the trial by a motion after verdict to substitute affirmative for negative answers to the first, second, and third interrogatories of the special verdict, and by a motion for new trial. The rule of this court is absolutely settled that, if there is any credible evidefice which to a reasonable mind can support an…
2Cases cited25 opinions
- Hart v. MoultonWisconsin Supreme Court · 1899
- Cawley v. La Crosse City Railway Co.Wisconsin Supreme Court · 1898
- Killen v. BarnesWisconsin Supreme Court · 1900
- Flaherty v. HarrisonWisconsin Supreme Court · 1898
- F. Dohmen Co. v. Niagara Fire InsuranceWisconsin Supreme Court · 1897
20 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Mutual of Enumclaw Insurance v. CoxWashington Supreme Court · 1988
- Hupfer v. National Distilling Co.Wisconsin Supreme Court · 1903
- Stebane Nash Co. v. Campbellsport Mutual InsuranceWisconsin Supreme Court · 1965
- Bannon v. Insurance Co. of North AmericaWisconsin Supreme Court · 1902
- Salchert v. ReinigWisconsin Supreme Court · 1908
33 more not listed; retrieve them via the Exa API.