Warner v. Peoria Marine & Fire Insurance
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. This was an action upon a fire policy issued August 11th,. 1859, by the defendant through its agent at Milwaukee, containing the following conditions : “ If the assured or his assigns shall hereafter make any insurance on the property herein described, and shall not give notice thereof to this company and have the same indorsed on this policy, or otherwise acknowledged by this company in writing, this policy shall cease and…
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APPEAL from the County Court of Milwaukee County. This was an action upon a fire policy issued August 11th,. 1859, by the defendant through its agent at Milwaukee, containing the following conditions : “ If the assured or his assigns shall hereafter make any insurance on the property herein described, and shall not give notice thereof to this company and have the same indorsed on this policy, or otherwise acknowledged by this company in writing, this policy shall cease and be of no further effect. * * All persons insured by this company and sustaining loss and damage by fire, are forthwith to…
1Opinion of the Court
By the Court,
Cole, J.
It appears to us that the objections taken to the admission of the policy in evidence are entirely untenable. It was objected that the policy appeared on its face to have been altered in two particulars : 1st, by striking out the word “ Buffalo ” and inserting the word “ Chicago,” in describing the streets upon which the property was situated; and 2d, by the insertion of the clause in respect to any subsequent insurance. How the respondent testifies in substance that Ward, the acting agent of the company at Milwaukee, called upon him before the policy was issued, and saw…
2Cases cited2 opinions
- McMasters v. Westchester County Mutual InsuranceNew York Supreme Court · 1841
- Troy Fire Insurance v. CarpenterWisconsin Supreme Court · 1856
3Cited by5 opinions
- Viele v. Germania InsuranceSupreme Court of Iowa · 1868
- Kahn v. Traders InsuranceWyoming Supreme Court · 1893
- Miner v. Phœnix InsuranceWisconsin Supreme Court · 1871
- Cayon v. Dwelling House InsuranceWisconsin Supreme Court · 1887
- Roberts v. Northwestern National InsuranceWisconsin Supreme Court · 1895