Wunderlich v. Palatine Fire Insurance
Wisconsin Supreme Court
Appeal from judgments of the circuit court for Langlade county: John Goodland, Circuit Judge. The defendants, sundry insurance companies, insured the plaintiffs, Wunderlich Bros., to the amount of about $24,000, “on lumber,” etc., “owned by Wunderlich Bros., or held in trust or on commission, or sold but not delivered, piled in their mill yard,” commonly designated the. “lumber clause.”
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Appeal from judgments of the circuit court for Langlade county: John Goodland, Circuit Judge. The defendants, sundry insurance companies, insured the plaintiffs, Wunderlich Bros., to the amount of about $24,000, “on lumber,” etc., “owned by Wunderlich Bros., or held in trust or on commission, or sold but not delivered, piled in their mill yard,” commonly designated the. “lumber clause.” Certain of these policies, amounting to some $12,000 or $14,000, also contained what is known as the “loss-payable clause,” viz.: “Loss, if any, payable to George E. Foster Lumler Oomj>am,y, as their interest…
1Opinion of the Court
Dodge, L.
1. That portion of the answer which is designated as a “ cross complaint ” seeks to set up an independent cause of action in favor of the appellant against the insurance companies upon two grounds:
First, as against all the companies, upon the proposition that the so-called “ lumber clause ” results in insurance to whomever may prove to be the owner of any lumber held *401by Wunderlich. Bros, on commission, in trust, or sold and not delivered, and that the owner of such property may sue direct for the insurance upon such property. A large number of authorities are presented by appellant’s…
2Cases cited10 opinions
- Johannes v. Phenix Insurance Co. of BrooklynWisconsin Supreme Court · 1886
- Chandos v. American Fire InsuranceWisconsin Supreme Court · 1893
- De Forest v. Fulton Fire InsuranceThe Superior Court of New York City · 1828
- Cook v. McCabeWisconsin Supreme Court · 1881
- Williamson v. Michigan Fire & Marine InsuranceWisconsin Supreme Court · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Atlas Reduction Co. v. New Zealand Ins.Court of Appeals for the Eighth Circuit · 1905
- Brecht v. Law, Union & Crown Ins.Court of Appeals for the Ninth Circuit · 1908
- Johnston v. Charles Abresch Co.Wisconsin Supreme Court · 1904
- Keith v. Royal Insurance Co.Wisconsin Supreme Court · 1903
- Meyer v. Home Insurance Co.Wisconsin Supreme Court · 1906
11 more not listed; retrieve them via the Exa API.