Jaeger v. Farmers' Mutual Town Fire Insurance
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Rush county: James Wickham, Circuit Judge. Plaintiffs sued to recover on two policies of fire insurance, one for $3,500, covering a building used as a residence and cheese factory, and the other for $1,000, covering furniture and apparatus used in the factory. The property was destroyed by fire on May 28, 1921. Jaeger sues as owner and Prindle as mortgagee.
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Appeal from a judgment of the circuit court for Rush county: James Wickham, Circuit Judge. Plaintiffs sued to recover on two policies of fire insurance, one for $3,500, covering a building used as a residence and cheese factory, and the other for $1,000, covering furniture and apparatus used in the factory. The property was destroyed by fire on May 28, 1921. Jaeger sues as owner and Prindle as mortgagee. The defendant company refused to’ pay the loss and alleged that plaintiff Jaeg'er was responsible for the fire, and that it did not óccur without negligence; that without the knowledge and…
1Opinion of the CourtJones, J.
Appellant’s counsel argue that the finding of the jury that plaintiff made no change or alteration in the building which increased the fire hazard should have been set aside. In Kircher v. Milwaukee Mech. Mut. Ins. Co. 74 Wis. 470, 43 N. W. 487, the policy was on a dwelling house to be occupied by tenants. The policy provided that:
“. . . It should be wholly void . ‘. if the premises should at any time be occupied or used, in whole or in part, for. any purpose, whether manufacturing or otherwise, dif*317ferent from that set forth in the application or policy, or if the risk should be increased by…
2Cases cited8 opinions
- Welch v. Fire Ass'n of PhiladelphiaWisconsin Supreme Court · 1904
- Patterson v. Natural Premium Mutual Life InsuranceWisconsin Supreme Court · 1898
- Morse v. Buffalo Fire & Marine InsuranceWisconsin Supreme Court · 1872
- Kircher v. Milwaukee Mechanics' Mutual InsuranceWisconsin Supreme Court · 1889
- Fehrer v. Midland Casualty Co.Wisconsin Supreme Court · 1923
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Millard v. North River InsuranceWisconsin Supreme Court · 1930