Trustees of St. Clara Female Academy of Sinsinawa Mound v. Northwestern National Insurance Co.
Wisconsin Supreme Court
Appeals from judgments of the circuit court for Dane county: R. G-. Siebeoker, Circuit Judge. Plaintiffs, while their building was in process of construction by a contractor under an entire contract which contained a provision requiring the owners to insure such building during its construction for the protection of the contractor, in such sums, from time to time, as the owner and the contractor might agree upon, and before any part of th,e build ing had been accepted escept…
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Appeals from judgments of the circuit court for Dane county: R. G-. Siebeoker, Circuit Judge. Plaintiffs, while their building was in process of construction by a contractor under an entire contract which contained a provision requiring the owners to insure such building during its construction for the protection of the contractor, in such sums, from time to time, as the owner and the contractor might agree upon, and before any part of th,e build ing had been accepted escept the substructure, applied to defendants’ agent for insurance thereon. The agent knew that the building was being…
1Opinion of the CourtMaksiiall, J.
The questions presented on these appeals are: (1) Were the policies void because of a breach of the condition in respect to the title of the assured being sole and unconditional? (2) If the condition in that regard was waived, did the policies cover the entire building, or only the interest of the plaintiffs? (3) What is the amount for which the defendants were liable under the policies ? (4) Has such amount been diminished by the completion of the building by the contractor under his obligation so to do? (5) Hid the court err in not limiting the attorney’s fees taxed and included in each…
2Cases cited10 opinions
- Dowling v. Lancashire InsuranceWisconsin Supreme Court · 1896
- Andes Insurance v. FishIllinois Supreme Court · 1874
- Williams v. Hartford Ins. Co.California Supreme Court · 1880
- Hamburg-Bremen Fire Insurance v. GarlingtonTexas Supreme Court · 1886
- Seyk v. Millers' National InsuranceWisconsin Supreme Court · 1889
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Welch v. Fire Ass'n of PhiladelphiaWisconsin Supreme Court · 1904
- Gold Issue Mining & Milling Co. v. Pennsylvania Fire InsuranceSupreme Court of Missouri · 1916
- Western Nat. Ins. Co. v. MarshSupreme Court of Oklahoma · 1912
- German Insurance v. ShaderNebraska Supreme Court · 1903
- Kludt v. German Mutual Fire InsuranceWisconsin Supreme Court · 1913
14 more not listed; retrieve them via the Exa API.