Wicks Bros. v. Scottish Union & National Insurance
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Douglas -county: James O’Neill, Judge. Action upon a policy of insurance issued by defendant upon plaintiff’s sawmill, which was destroyed by fire May 14, 1899. The answer was that the policy had been surrendered and canceled before the fire. The case was tried by the court without a jury upon a stipulation of facts. The facts, briefly stated, are as follows: McBean, plaintiff’s agent, lived in Duluth.
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Appeal from a judgment of the circuit court for Douglas -county: James O’Neill, Judge. Action upon a policy of insurance issued by defendant upon plaintiff’s sawmill, which was destroyed by fire May 14, 1899. The answer was that the policy had been surrendered and canceled before the fire. The case was tried by the court without a jury upon a stipulation of facts. The facts, briefly stated, are as follows: McBean, plaintiff’s agent, lived in Duluth. In May, 1899, he applied to Rog■ers-Ruger Company, a corporation doing an insurance business at West Superior, for insurance on the sawmill. The…
1Opinion of the CourtBabdbeh, J.
The policy in question was in the form required by the laws of this state. It contained a provision that “ this policy shall be canceled at any time at the request of the insured, or by the company by giving five days’ notice of such cancellation.” It is not claimed that there has been any cancellation under the terms of the policy. The argument is, however, that when the policy was delivered to the plaintiff’s agent by the Rogers-Ruger Company the latter’s agency terminated; that by force of the statute (sec. 1977, Stats. 1898) the Rogers-Ruger Company was the agent of the defendant; and…
2Cases cited3 opinions
- John R. Davis Lumber Co. v. Hartford Fire InsuranceWisconsin Supreme Court · 1897
- Bingham v. Insurance Co. of North AmericaWisconsin Supreme Court · 1889
- Walters v. St. Joseph Fire & Marine InsuranceWisconsin Supreme Court · 1876
3Cited by13 opinions
- American Fire Insurance v. King Lumber & Manufacturing Co.Supreme Court of Florida · 1917
- Artificial Ice Co. v. Reciprocal ExchangeSupreme Court of Iowa · 1921
- Kelley v. Aetna InsuranceWest Virginia Supreme Court · 1915
- Dill v. Lumbermen's Mut. Ins. Co.Supreme Court of South Carolina · 1948
- Home Insurance Co. of New York v. Chattahoochee Lumber Co.Supreme Court of Georgia · 1906
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