Schobacher v. Germantown Farmers' Mutual Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Washington County. The case is thus stated by Mr. Justice Cassoday: “This action was brought upon a policy of insurance against fire, issued by the defendant to the plaintiff for $300 on his dwelling-house, $40 on his furniture, and $60 on his beds, clothes, and linen.
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APPEAL from the Circuit Court for Washington County. The case is thus stated by Mr. Justice Cassoday: “This action was brought upon a policy of insurance against fire, issued by the defendant to the plaintiff for $300 on his dwelling-house, $40 on his furniture, and $60 on his beds, clothes, and linen. The duly verified, amended complaint alleged, in effect, among other things, that the fire occurred January 7, 1878, and the total loss by fire of the dwelling-house, and the damage by fire of the furniture of $53.75 and to the other property $15, and that such losses, respectively, were not…
1Opinion of the CourtCassoday, J.
1. It is urged that the amended complaint fails to state a cause of action, because it does not allege that the written notice and proofs of loss were given in the time and in the manner required by the policy. But we cannot treat the judgment as a nullity under the facts here presented for any such reason. In pleading the performance of conditions precedent in a contract under our statute, it is not *90necessary to state the facts showing such performance, but the same may be stated generally, that the party duly performed all the conditions on his part. Sec. 2674, R S.; Reif v. Paige, 55 Wis.,…
2Cases cited10 opinions
- Redman v. Ætna InsuranceWisconsin Supreme Court · 1880
- Cannon v. Home Insurance Company of New YorkWisconsin Supreme Court · 1881
- Salter v. HilgenWisconsin Supreme Court · 1876
- Bonnell v. GrayWisconsin Supreme Court · 1875
- Whitney v. KarnerWisconsin Supreme Court · 1878
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Wisconsin Public Service Corp. v. KristWisconsin Supreme Court · 1981
- Minnesota Thresher Manufacturing Co. v. HolzNorth Dakota Supreme Court · 1900
- Mann v. . MannSupreme Court of North Carolina · 1918
- Whereatt v. EllisWisconsin Supreme Court · 1887
- Bloor v. SmithWisconsin Supreme Court · 1901
13 more not listed; retrieve them via the Exa API.