Miotke v. Milwaukee Mechanics' Insurance
Michigan Supreme Court
Error to Wayne; Hosmer, J. Assumpsit by Frank Miotke against the Milwaukee Mechanics’ Insurance Company on a policy of insurance. From a judgment for plaintiff, defendant brings error.
1Opinion of the CourtHookek, J.
The plaintiff is a Polander, who is unable to write or speak the English language. He was approached by the defendant’s solicitor, who proposed to insure his house, and he finally consented to allow him to do so. When he was asked to insure, he at first declined, saying that he had the place on a contract, which was not paid up, and he needed his earnings to pay upon it. Again, the solicitor says that he inquired what title he had, and plaintiff said that he had it on contract, and that he (the solicitor) so informed his superior before the policy issued. There was no written application. A…
2Cases cited6 opinions
- Waring v. . the Indemnity Fire Ins. Co.New York Court of Appeals · 1871
- O'Brien v. Ohio InsuranceMichigan Supreme Court · 1883
- Hoose v. Prescott InsuranceMichigan Supreme Court · 1890
- Castner v. Farmers' Mutual Fire InsuranceMichigan Supreme Court · 1881
- Guest v. New Hampshire Fire InsuranceMichigan Supreme Court · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
- Glens Falls Insurance Co. v. MichaelIndiana Supreme Court · 1905
- Miles v. MilesSupreme Court of Alabama · 1924
- Miller v. Phoenix Assur. Co., Limited, of LondonNew Mexico Supreme Court · 1948
- Serbinoff v. Wolverine Mutual Motor InsuranceMichigan Supreme Court · 1928
14 more not listed; retrieve them via the Exa API.