Nutting v. Minnesota Fire Insurance
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for La Crosse county: O. B. Wyman, Circuit Judge. This action was brought for the recovery of a loss sustained by the plaintiff on his hotel building and barn at Midway, Wisconsin, under a policy alleged to have been issued •by the defendant company to him, set out in the complaint; and the question vital to the case is whether the alleged policy ever became an operative and binding contract, the defendant denying that it was ever…
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Appeal from a judgment of the circuit court for La Crosse county: O. B. Wyman, Circuit Judge. This action was brought for the recovery of a loss sustained by the plaintiff on his hotel building and barn at Midway, Wisconsin, under a policy alleged to have been issued •by the defendant company to him, set out in the complaint; and the question vital to the case is whether the alleged policy ever became an operative and binding contract, the defendant denying that it was ever in force. Harrison G-riswold testified on behalf of the plaintiff, in substance, that he was a member of the firm of…
1Opinion of the CourtPiNNEY, J.
The undisputed evidence shows that the policy of insurance upon which the action is founded was never delivered by the defendant as a completed contract, and that no contract of insurance was concluded between the parties. It is evident that there was no meeting of their minds, in the legal sense of the term. The evidence of Gris-wold, the plaintiff’s agent, who was seeking to perfect a policy of insurance for him for $1,000 on the property in question, and for one'year, is quite decisive: The policy was written and was handed to him by Burke, of the firm of Magill & Burke, agents for the…
2Cases cited7 opinions
- Burke v. DulaneySupreme Court of the United States · 1894
- Ware v. AllenSupreme Court of the United States · 1888
- Benton v. . MartinNew York Court of Appeals · 1873
- Juilliard v. . ChaffeeNew York Court of Appeals · 1883
- Reynolds v. . RobinsonNew York Court of Appeals · 1888
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3Cited by17 opinions
- Hodge v. SmithWisconsin Supreme Court · 1907
- Southern Street Railway Advertising Co. v. Metropole Shoe Manufacturing Co.Court of Appeals of Maryland · 1900
- Marling v. FitzGeraldWisconsin Supreme Court · 1909
- Graham v. SavageSupreme Court of Minnesota · 1910
- New v. Germania Fire InsuranceIndiana Supreme Court · 1908
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