Mattoon Manufacturing Co. v. Oshkosh Mutual Fire Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sheboygan County. The defendant appeals from a judgment against it. The case is sufficiently stated in the opinion. To the point that the preliminary or parol contract of insurance was complete, they cited Fames v. Home Ins. Go. 94 U. S. 621; Train v. Hol-la/nd P. Ins. Go. 62 ÜST. T. 598; Fitton v. Fire Ins. Association, 20 Fed. Eep. 766; Baldwin v. Ohouteau Ins. Go. 56 Mo. 151, and numerous other cases. The terms of insurance were settled.
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APPEAL from the Circuit Court for Sheboygan County. The defendant appeals from a judgment against it. The case is sufficiently stated in the opinion. To the point that the preliminary or parol contract of insurance was complete, they cited Fames v. Home Ins. Go. 94 U. S. 621; Train v. Hol-la/nd P. Ins. Go. 62 ÜST. T. 598; Fitton v. Fire Ins. Association, 20 Fed. Eep. 766; Baldwin v. Ohouteau Ins. Go. 56 Mo. 151, and numerous other cases. The terms of insurance were settled. If no apportionment was made, the court would apply the insurance to that class on which there was a deficiency. Sherman…
1Opinion of the CourtORTon, J.
This suit was instituted by the respondent company to recover $5,000 insurance, by virtue of a contract of insurance between the parties, made on the 25th day of August, 1886, on account of loss by fire occurring on the 10th day of September, 1886. The pleadings are such that only one single issue was presented, and that was whether there was any contract of insurance between the parties, or whether the facts proved constituted a contract of insurance. It was stipulated by appellant’s counsel that the circuit court in which the action was tried might direct a verdict for either party, as it…
2Cases cited4 opinions
- Wood v. Poughkeepsie Mutual InsuranceNew York Court of Appeals · 1865
- Strohn v. Hartford Fire InsuranceWisconsin Supreme Court · 1875
- Sandford v. Trust Fire InsuranceNew York Court of Chancery · 1845
- Hughes v. . Mercantile Mutual Ins. Co.New York Court of Appeals · 1873
3Cited by6 opinions
- Michigan Pipe Co. v. Michigan Fire & Marine InsuranceMichigan Supreme Court · 1892
- Monahan v. AllenMontana Supreme Court · 1913
- Mooney v. MerriamSupreme Court of Kansas · 1908
- Ogle Lake Shingle Co. v. National Lumber InsuranceWashington Supreme Court · 1912
- Milwaukee Metropolitan Sewerage District v. American International Specialty Lines InsuranceCourt of Appeals for the Seventh Circuit · 2010
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