Strohn v. Hartford Fire Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bode County. Action to recover upon an alleged verbal contract of the defendant with one Comstock, to insure tobacco in a warehouse owned by Comstock in Janesville.
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APPEAL from the Circuit Court for Bode County. Action to recover upon an alleged verbal contract of the defendant with one Comstock, to insure tobacco in a warehouse owned by Comstock in Janesville. The complaint alleged that Comstock, being in the business of receiving and storing tobacco in his warehouse in Janesville, and being the owner of a small quantity of tobacco himself, in pursuance of his own judgment and at the request of plaintiffs, applied to one Dear-born, defendant’s agent, “ for insurance against loss or damage by fire upon the property of himself and others, consisting of…
1Opinion of the CourtDixon, C. J.
As an action upon a verbal contract of insur-*654anee, which is valid (Northwestern Iron Co. v. Ætna Ins. Co., 26 Wis., 78), the complaint plainly, states an agreement to insure the property of the plaintiffs destroyed by the fire, unless the averments in that regard are to be considered as neutralized or reversed by others also found in the complaint, respecting the additions to or deductions to be made from the amounts insured, and respecting what the language of the written policy would have been in case one had been issued. Counsel for the defendant point to these latter averments in support…
2Cases cited10 opinions
- Clinton v. . the Hope Insurance CompanyNew York Court of Appeals · 1871
- Welch v. SackettWisconsin Supreme Court · 1860
- Ganson v. MadiganWisconsin Supreme Court · 1862
- Cole v. . ReynoldsNew York Court of Appeals · 1858
- Loomis v. BrownNew York Supreme Court · 1853
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Johannes v. Phenix Insurance Co. of BrooklynWisconsin Supreme Court · 1886
- Johnston v. Charles Abresch Co.Wisconsin Supreme Court · 1904
- Hartford Fire Ins. Co. v. EvansCourt of Appeals of Texas · 1923
- Wunderlich v. Palatine Fire InsuranceWisconsin Supreme Court · 1899
- Kellner v. Fire Ass'nWisconsin Supreme Court · 1906
4 more not listed; retrieve them via the Exa API.