Fuller v. Madison Mutual Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. The plaintiffs brought an action in the municipal court of the city of Madison against one John Deters, and issued garnishee process against the defendant company, to which the latter appeared and answered, denying their liability. Judgment having been obtained against Deters, the garnishee action was afterward tried, and judgment entered in favor of the plaintiffs.
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APPEAL from the Circuit Court for Dane County. The plaintiffs brought an action in the municipal court of the city of Madison against one John Deters, and issued garnishee process against the defendant company, to which the latter appeared and answered, denying their liability. Judgment having been obtained against Deters, the garnishee action was afterward tried, and judgment entered in favor of the plaintiffs. From this the defendant company appealed to the circuit court for Dane county. Upon trial in the latter court, a jury was waived, and a stipulation filed containing the following…
1Opinion of the CourtRyan, C. J.
The position of the learned counsel for the appellants, that Deters’ application for insurance, accepted by the respondent, constitutes the binding contract of insurance between the parties to it, exclusive of the policy, appears to us wholly untenable. The application is, in effect, for insurance by policy, and the premium note is in terms in consideration of a policy. If the application were accepted, otherwise than by the policy, then the application and acceptance constituted an inchoate and executory contract executed and completed by the policy. Angell on Ins., § 22; May on Ins., §§ 44,…
2Cases cited10 opinions
- Tayloe v. Merchants' Fire Ins. Co. of BaltimoreSupreme Court of the United States · 1850
- Columbian Insurance Co. of Alexandria v. LawrenceSupreme Court of the United States · 1829
- Lightbody v. North American InsuranceNew York Supreme Court · 1840
- Haas v. GaddisWashington Supreme Court · 1890
- New England Fire & Marine Insurance v. RobinsonIndiana Supreme Court · 1865
5 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Chicago, St. P., M. & O. Ry. Co. v. BelliwithCourt of Appeals for the Eighth Circuit · 1897
- New York Life Insurance v. McMasterCourt of Appeals for the Eighth Circuit · 1898
- Wagner v. National Life Ins. Co. of MontpelierCourt of Appeals for the Sixth Circuit · 1898
- Cleveland Oil Co. v. Norwich Ins. SocietyOregon Supreme Court · 1898
- Lusted v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
20 more not listed; retrieve them via the Exa API.