Meiswinkel v. St. Paul Fire & Marine Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee Comity. This is an action to reform a policy of insurance against loss by fire, issued by the defendant company to the plaintiffs on a certain dwelling-house, and to recover on the reformed policy for the loss by fire of such dwelling-house.
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APPEAL from the Circuit Court for Milwaukee Comity. This is an action to reform a policy of insurance against loss by fire, issued by the defendant company to the plaintiffs on a certain dwelling-house, and to recover on the reformed policy for the loss by fire of such dwelling-house. The insurance is for $2,000. The term of the policy is five years from January 23, 1886. The policy contains a large number of conditions and requirements, and specifies many causes of forfeiture. Among these are the following: “If the property or any portion thereof shall be sold, transferred, or incumbered, .…
1Opinion of the CourtLyon, J.
The conveyance of the insured property by the plaintiffs to Lindner, without the consent of the defendant •company, would have invalidated the policy had the company insisted upon a forfeiture. But the assignment thereof to Lindner with the consent of the company, although after the conveyance was executed, was an effectual waiver of ■.such forfeiture by the company. The stipulation indorsed upon the policy, making any loss payable to plaintiffs as their interest might appear, constituted them the benefi•ciaries of the whole amount of insurance, for their interest under their mortgage greatly…
2Cases cited7 opinions
- Howland v. BlakeSupreme Court of the United States · 1878
- Hankins v. Rockford Insurance Co.Wisconsin Supreme Court · 1887
- Hammel v. Queen Insurance Co. of London & LiverpoolWisconsin Supreme Court · 1880
- Kent v. LasleyWisconsin Supreme Court · 1869
- Harter v. ChristophWisconsin Supreme Court · 1873
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Jasper v. HazenNorth Dakota Supreme Court · 1894
- Glocke v. GlockeWisconsin Supreme Court · 1902
- Kruse v. KoelzerWisconsin Supreme Court · 1905
- Carberry v. German Insurance Co.Wisconsin Supreme Court · 1893
- Kropp v. KroppWisconsin Supreme Court · 1897
5 more not listed; retrieve them via the Exa API.