Frels v. Little Black Farmers' Mutual Insurance
Wisconsin Supreme Court
Aubeai, from a judgment of the circuit court for Taylor county: B. E. Duhwiddie, Judge. This is an action by the assignee of an insurance policy to recover the amount due for a loss under the policy. The facts stipulated and admitted by the pleadings, so far aá material, are: The policy was for $200, and ran from July 3, 1896, to July 3, 1901. It was issued to George M. Pulsipher, .and covered property, including his barn. On May 31, 1901, .the barn was totally destroyed.
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Aubeai, from a judgment of the circuit court for Taylor county: B. E. Duhwiddie, Judge. This is an action by the assignee of an insurance policy to recover the amount due for a loss under the policy. The facts stipulated and admitted by the pleadings, so far aá material, are: The policy was for $200, and ran from July 3, 1896, to July 3, 1901. It was issued to George M. Pulsipher, .and covered property, including his barn. On May 31, 1901, .the barn was totally destroyed. The insurance company and the assured adjusted the loss, pursuant to the agreement in the policy. After such adjustment…
1Opinion of the Court
Siebeciíeb, J.
The first question presented upon the pleadings ..and admitted facts is whether appellant is the owner of the claim covered by the policy. It appears from the foregoing statement of facts that the acts of the parties to the assignment are not questioned. The assignment is in terms a transfer, for a valuable consideration, of all the assured’s interest in and to the policy, and clearly indicates an intention to pass all the assured’s interest in and arising out of it. Under these circumstances the right of appellant to the proceeds of the policy cannot be questioned as between…
2Cases cited19 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Gans v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1877
- Killips v. Putnam Fire InsuranceWisconsin Supreme Court · 1871
- Pierce v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- Skobis v. FergeWisconsin Supreme Court · 1899
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3Cited by11 opinions
- Knauf & Tesch Co. v. Elkhart Lake Sand & Gravel Co.Wisconsin Supreme Court · 1913
- Marling v. NommensenWisconsin Supreme Court · 1906
- Biggs v. Modern Woodmen of AmericaSupreme Court of Missouri · 1935
- Lyndon Lumber Co. v. SawyerWisconsin Supreme Court · 1908
- Cochran v. Order of United Commercial TravelersCourt of Appeals for the Tenth Circuit · 1944
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