Thompson v. St. Louis Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Action upon a fire insurance policy issued July 25, 1876, to the plaintiff Thompson, upon a three-fourths interest owned by Mm in a certain hotel in the city of Oshkosh. The amount of insurance written in the policy was $2,000; there was other insurance upon the property in other companies, to the amount of $8,000; and each company was to pay its proportionate amount of any loss.
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APPEAL from the Circuit Court for Winnebago County. Action upon a fire insurance policy issued July 25, 1876, to the plaintiff Thompson, upon a three-fourths interest owned by Mm in a certain hotel in the city of Oshkosh. The amount of insurance written in the policy was $2,000; there was other insurance upon the property in other companies, to the amount of $8,000; and each company was to pay its proportionate amount of any loss. The plaintiffs Reilly, Lynch and two others, had a mortgage interest in the property to the amount of btetween $6,000 and $7,000; and the loss was payable to them…
1Opinion of the CourtCole, J.
The principal question in this case, arising under ch. 347, Laws of 1874, is passed upon in Reilly et al. v. Franklin, Ins. Co., [ante, p. 449], and therefore need not be further considered. The complaint cannot be held defective because it fails to show what tbe actual cash value of the property was when destroyed.
It is further objected that the complaint does not show that the plaintiffs bad an insurable interest in the property or were injured by its destruction. A bare examination of the complaint will furnish a sufficient answer to this objection. It shows that all the plaintiffs except…
2Cited by5 opinions
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- Seyk v. Millers' National InsuranceWisconsin Supreme Court · 1889
- Thompson v. Citizens' Insurance Co. of MissouriWisconsin Supreme Court · 1878
- Eck v. Netherlands InsuranceWisconsin Supreme Court · 1931
- Insurance Co. v. LeslieOhio Supreme Court · 1890