Legal Opinion

Wolters v. Western Assurance Co.

Wisconsin Supreme Court

Decided February 2, 1897PublishedCited by 7 opinions

Appeal from a judgment of the circuit court for Manito-avoc county: N. S. Gilson, Circuit Judge. This action was brought upon a policy of fire insurance for $2,000,— $1,500 on a frame building and saloon at Two Rivers, Wisconsin; $100 on saloon furniture; $100 on wines and liquors; and $300 on household and kitchen furniture, beds, bedding, family stores, etc.

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Appeal from a judgment of the circuit court for Manito-avoc county: N. S. Gilson, Circuit Judge. This action was brought upon a policy of fire insurance for $2,000,— $1,500 on a frame building and saloon at Two Rivers, Wisconsin; $100 on saloon furniture; $100 on wines and liquors; and $300 on household and kitchen furniture, beds, bedding, family stores, etc. One Orotegui was joined as plaintiff, by reason of his mortgage interest in the real estate, amounting to $1,200. The complaint charged the total destruction of the building by fire November 28, 1894, and claimed $481.64 by reason of…

1Opinion of the CourtPinney, J.

1. We .cannot interfere with the verdict in this case, upon the defendant’s contention that it is contrary to the evidence. There was sufficient evidence on all contested points to require the submission of the issues to the jury, and it cannot be said that the verdict is not supported by competent evidence. The weight and credibility of the testimony, and the proper inferences to be drawn from the facts and circumstances in evidence, were for the jury; and the circuit judge appears to have been satisfied with the verdict, and refused a new trial.

2. We think that the instructions to the jury…

2Cases cited4 opinions

  1. Aurora Fire Insurance v. JohnsonIndiana Supreme Court · 1874
  2. Freeman v. Travelers' InsuranceMassachusetts Supreme Judicial Court · 1887
  3. Cronkhite v. Travelers InsuranceWisconsin Supreme Court · 1889
  4. Commercial Bank of Milwaukee v. Firemen's Insurance Co.Wisconsin Supreme Court · 1894

3Cited by7 opinions

  1. F. Dohmen Co. v. Niagara Fire InsuranceWisconsin Supreme Court · 1897
  2. Thornton v. Security Ins.U.S. Circuit Court for the District of Middle Pennsylvania · 1902
  3. Messler v. Williamsburg City F. Ins. Co.Supreme Court of Rhode Island · 1920
  4. Juneau Store Co. v. Badger Mutual Fire InsuranceWisconsin Supreme Court · 1934
  5. Slafter v. Concordia Fire InsuranceSupreme Court of Iowa · 1909

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