Karow v. Continental Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. The case is thus stated by Mr. Justice Cassoeay: “ The plaintiffs are the daughters, only heirs at law, and legal representatives of John Wiskow, who is claimed to have died January 12, 1881. This action is upon two fire insurance policies issued by the defendant to him in his lifetime, upon the buildings constituting his homestead, for the sum of $1,150. It is claimed, and for the purposes of this case we must regard the…
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APPEAL from the Circuit Court for Winnebago County. The case is thus stated by Mr. Justice Cassoeay: “ The plaintiffs are the daughters, only heirs at law, and legal representatives of John Wiskow, who is claimed to have died January 12, 1881. This action is upon two fire insurance policies issued by the defendant to him in his lifetime, upon the buildings constituting his homestead, for the sum of $1,150. It is claimed, and for the purposes of this case we must regard the facts as established, that at about half-past six o’clock in the evening of January 12, 1881, the assured, John Wiskow,…
1Opinion of the CourtCassoday, J.
Assuming that the defendant called for proofs of loss, yet we do not think' such call was made with such knowledge of the facts as to waive the defense alleged that the assured burned his own buildings. In submitting the question of insanity, the court, in effect, chai’ged the jury that they must look outside of the commission of the act of which the assured was charged, and could only find him insane from other and independent testimony in no way connected or associated with the crime. Assuming that the plaintiffs had the right to have the question of insanity submitted to the jury, then the…
2Cases cited17 opinions
- The Columbia Insurance Company of Alexandria, in Error v. Joseph W. Lawrence, Who Survived Thomas PoindexterSupreme Court of the United States · 1836
- Waters v. Merchants' Louisville InsuranceSupreme Court of the United States · 1837
- Behrens v. McKenzieSupreme Court of Iowa · 1867
- Morse v. CrawfordSupreme Court of Vermont · 1845
- Pierce v. Travelers' Life Insurance Co.Wisconsin Supreme Court · 1874
12 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Bushnell v. BushnellSupreme Court of Connecticut · 1925
- Lewis v. MartinSupreme Court of Alabama · 1923
- Grand Lodge Independent Order of Mutual Aid v. WietingIllinois Supreme Court · 1897
- Williams v. . HaysNew York Court of Appeals · 1894
- Cady v. Fidelity & Casualty Co. of New YorkWisconsin Supreme Court · 1908
22 more not listed; retrieve them via the Exa API.