Wood v. Prussian National Insurance
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: E. Gf. Siebeckeb, Circuit Judge. Action for damages for failure to renew a policy of fire insurance by the defendant company, pursuant to an alleged oral agreement to do so.
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Appeal from a judgment of the circuit court for Dane county: E. Gf. Siebeckeb, Circuit Judge. Action for damages for failure to renew a policy of fire insurance by the defendant company, pursuant to an alleged oral agreement to do so. The question raised by the pleadings, upon which the case turned, is, Was the alleged oral agreement made bettveen plaintiff and defendant acting by its authorized agent, or by plaintiff and such agent acting in his own behalf? The cause was tried by the court without a jury, and resulted in findings and conclusions respecting the disputed question referred to,…
1Opinion of the CourtMaeshall, J.
The sole question for consideration is, Does the evidence warrant the findings of the trial court that an oral agreement was made between plaintiff and defendant, whereby the latter became bound to keep plaintiff’s property, described in the policy of January 5,1894, insured for $500 on the terms and conditions mentioned therein, till released therefrom by plaintiff, or by reasonable notice to him by defendant of an intention to discontinue such insurance? Such findings are based on the evidence of plaintiff and A. W. Dibble, defendant’s agent, that some time in 1893 they entered into an…
2Cases cited2 opinions
- McDermott v. JacksonWisconsin Supreme Court · 1897
- John R. Davis Lumber Co. v. Scottish Union & National InsuranceWisconsin Supreme Court · 1896
3Cited by7 opinions
- Nehring v. BastSupreme Court of Minnesota · 1960
- Whitman v. Milwaukee Fire InsuranceWisconsin Supreme Court · 1906
- Kennedy v. City of GreenvilleSupreme Court of South Carolina · 1907
- Mooney v. MerriamSupreme Court of Kansas · 1908
- Fidelity-Phenix Fire Ins. Co. v. School Dist. No. 10Supreme Court of Oklahoma · 1921
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