Stanhilber v. Mutual Mill Insurance
Wisconsin Supreme Court
APPEAL from the County Court of Winnebago County. The following statement of the case was prepared by Mr. Justice Cassoday: This is an action upon a policy of insurance issued by the defendant company, for value received, to the firm of Stanhilber, Amos & Co., September 23, 1885, insuring the property therein described, against loss or damage by fire or lightning, in the sum of $2,500, from September 22, 1885, to October 1, 1890. Upon the joining of issue, and waiving of a…
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APPEAL from the County Court of Winnebago County. The following statement of the case was prepared by Mr. Justice Cassoday: This is an action upon a policy of insurance issued by the defendant company, for value received, to the firm of Stanhilber, Amos & Co., September 23, 1885, insuring the property therein described, against loss or damage by fire or lightning, in the sum of $2,500, from September 22, 1885, to October 1, 1890. Upon the joining of issue, and waiving of a jury, and trial had, the court found as matters of fact, in effect, as stated, and also that June 4, 1886, a fire…
1Opinion of the CourtCassoday, J.
It is claimed that the application for the insurance was made by the firm and dated in Chicago, where the premium was paid and the loss, if any, was payable; that by the terms of the application there was to be *290a total concurrent insurance upon the property, including the policy in question, of $40,000; that such representation was a continuing warranty that that amount of insurance should be continued upon the property; that at the time of the fire, as a matter of fact, there was only the amount mentioned in the foregoing statement, and hence that the amount of the defendant’s liability was…
2Cases cited8 opinions
- Paul v. VirginiaSupreme Court of the United States · 1869
- Fritts v. PalmerSupreme Court of the United States · 1889
- Ducat v. ChicagoSupreme Court of the United States · 1871
- Liverpool Insurance v. MassachusettsSupreme Court of the United States · 1871
- Renier v. Dwelling House InsuranceWisconsin Supreme Court · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Welch v. Fire Ass'n of PhiladelphiaWisconsin Supreme Court · 1904
- Rauen v. Prudential Insurance Co. of AmericaSupreme Court of Iowa · 1906
- American Fire Insurance v. King Lumber & Manufacturing Co.Supreme Court of Florida · 1917
- Nelson v. Nederland Life InsuranceSupreme Court of Iowa · 1900
- Bourgeois v. Northwestern National InsuranceWisconsin Supreme Court · 1893
13 more not listed; retrieve them via the Exa API.