Alkan v. New Hampshire Insurance
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. Action on a policy of insurance issued by the defendant company to one Isadore Alkan, insuring him against loss by fire or damage thereby to his distillery building, office and warehouse, and certain specified machinery therein, from June 26, 1879 (the date of the policy), to September 26, 1879, to the amount in the aggregate of $1,500. The policy contains stipulations to the effect that the same shall be void “ by reason of…
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APPEAL from the County Court of Milwaukee County. Action on a policy of insurance issued by the defendant company to one Isadore Alkan, insuring him against loss by fire or damage thereby to his distillery building, office and warehouse, and certain specified machinery therein, from June 26, 1879 (the date of the policy), to September 26, 1879, to the amount in the aggregate of $1,500. The policy contains stipulations to the effect that the same shall be void “ by reason of any false representation of, or omission on the part of the assured to make known, any material fact respecting the…
1Opinion of the CourtLyon, J.
It is claimed on several grounds that the defendant company is not liable on the policy in suit, and hence that the judgment ought to be reversed. These grounds, as stated *141and argued by the learned counsel for the defendant, are briefly the following: The policy was void in its inception, because the assured failed- to disclose to the insurer (1) that the property was incumbered by the government taxes assessed upon it; (2) that he had contracted to lease the property to Hoffman and his associates; and (3) that the property was unoccupied.
If it shall be held that the policy was valid in its…
2Cases cited5 opinions
- Goit v. National Protection InsuranceNew York Supreme Court · 1855
- Schomer v. Hekla Fire InsuranceWisconsin Supreme Court · 1880
- Devine v. Home Insurance Co.Wisconsin Supreme Court · 1873
- Courtney v. New York City InsuranceNew York Supreme Court · 1858
- Dey v. Poughkeepsie Mutual InsuranceNew York Supreme Court · 1857
3Cited by42 opinions
- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- Ocean Accident & Guarantee Corp. v. Southwestern Bell Telephone Co.Court of Appeals for the Eighth Circuit · 1939
- Pollock v. German Fire-InsuranceMichigan Supreme Court · 1901
- Fluor Corporation v. Super. Ct.California Supreme Court · 2015
- Sanford v. Royal InsuranceWashington Supreme Court · 1895
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