Milwaukee Trust Co. v. Farmers' Mutual Fire Insurance
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Waukesba county: James J. Dice, Circuit Judge. The defendant, being a mutual town insurance company,, organized as such under the laws of Wisconsin, on October 30, 1896, insured certain buildings of one Elizabeth Adams for a term of five years from that date, certain of which, to the amount of $500 insurance, were destroyed on July 9, 1900. Elizabeth Adams died testate, resident in the town of Wau-kesha, in December, 1898, and…
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Appeal from a judgment of the circuit court for Waukesba county: James J. Dice, Circuit Judge. The defendant, being a mutual town insurance company,, organized as such under the laws of Wisconsin, on October 30, 1896, insured certain buildings of one Elizabeth Adams for a term of five years from that date, certain of which, to the amount of $500 insurance, were destroyed on July 9, 1900. Elizabeth Adams died testate, resident in the town of Wau-kesha, in December, 1898, and her will was admitted to probate April 10, 1899, and the plaintiff, Milwaukee Trust (7pm-;pany, appointed her executor;…
1Opinion of the Court
■Dodge, J".
The loss in this case having occurred during the term originally insured by the policy, no contention is, or successfully can be, made against the defendant’s liability, unless such policy has become terminated in some manner. None is suggested, except forfeiture under the by-law quoted in the statement of facts, by reason of nonpayment of an assessment duly made and duly notified. Under the statutes regulating this kind of insurance companies, of course no duty rests on the assured to pay assessments until notified to him in the manner there specified, and no doubt can be…
2Cited by4 opinions
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