Hankins v. Rockford Insurance Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jlichland County. The following statement of the case was prepared by Mr. Justice Cassoday: This action is upon a policy of insurance issued by the defendant to the plaintiff, June 10, 1885, wherein and whereby the defendant, in effect, agreed to make good all such immediate loss or damage as might be sustained by the plaintiff by fire and lightning to the building and property therein specified, not exceeding the sum insured, from June…
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APPEAL from the Circuit Court for Jlichland County. The following statement of the case was prepared by Mr. Justice Cassoday: This action is upon a policy of insurance issued by the defendant to the plaintiff, June 10, 1885, wherein and whereby the defendant, in effect, agreed to make good all such immediate loss or damage as might be sustained by the plaintiff by fire and lightning to the building and property therein specified, not exceeding the sum insured, from June 10,1885, to June 10, 1890, and containing this clause: “ Loss, if any, payable to Mrs. Emma Pease, as her interest may…
1Opinion of the CourtCassoday, J.
The mere fact that the mortgage to Pease, mentioned in the policy, had been paid and discharged, did not authorize the plaintiff to place another mortgage running to a different party upon the premises insure^, in violation of the conditions of the policy above mentioned. Such conditions in policies “ are to secure risks in which *4there shall be no motive for intentional or dishonest loss.” Redmon v. Phœnix F. Ins. Co. 51 Wis. 301. True, the mortgage here is small, but to hold that the plaintiff had the right to put it upon the premises in contravention of the agreement, without jeopardizing…
2Cases cited11 opinions
- Marvin v. . Universal Life Insurance Co.New York Court of Appeals · 1881
- Kyte v. Commercial Union Assurance Co.Massachusetts Supreme Judicial Court · 1887
- Herbst v. LoweWisconsin Supreme Court · 1886
- Merserau v. . Ph&338nix Mutual Life Ins. Co.New York Court of Appeals · 1876
- McIntyre v. Michigan State InsuranceMichigan Supreme Court · 1883
6 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Bowlus v. Phenix InsuranceIndiana Supreme Court · 1892
- Welch v. Fire Ass'n of PhiladelphiaWisconsin Supreme Court · 1904
- New York Life Insurance v. McMasterCourt of Appeals for the Eighth Circuit · 1898
- Renier v. Dwelling House InsuranceWisconsin Supreme Court · 1889
- Kahn v. Traders InsuranceWyoming Supreme Court · 1893
45 more not listed; retrieve them via the Exa API.