Trustees of St. Clara Female Academy v. Northwestern National Insurance
Wisconsin Supreme Court
Appeals from judgments and orders of the circuit court for Dane county: R. G-. Siebecker, Circuit Judge. These are four actions upon fire insurance policies. The .actions have been in this court twice before, and will be found reported in 93 Wis. 57, and 98 Wis. 257, where the leading facts will he found so fully stated that it is not deemed necessary to state them again Rere.
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Appeals from judgments and orders of the circuit court for Dane county: R. G-. Siebecker, Circuit Judge. These are four actions upon fire insurance policies. The .actions have been in this court twice before, and will be found reported in 93 Wis. 57, and 98 Wis. 257, where the leading facts will he found so fully stated that it is not deemed necessary to state them again Rere. After the cases were remitted pursuant to the mandate upon the last appeal, and on the 8th day of April, 1898, being three days before the opening of the April term of the Dane county circuit court, the defendants moved…
1Opinion of the CourtWinslow, J.
The defendants are entirely right in their claim that an ordinary contract of fire insurance is a mere contract of indemnity. Seamans v. Knapp-Stout & Co. Company, 89 Wis. 171. The fact (if it was a fact) that plaintiffs had been indemnified for their loss by the contractor, Mc-Alpine, was not, however, pleaded by the defendants in their original answer, although the building had been rebuilt at that time, and the defendants were as fully informed with regard to the alleged indemnification and the terms of the building contract at that time as they ever were. This defense not having been…
2Cases cited4 opinions
- Trustees of St. Clara Female Academy of Sinsinawa Mound v. Northwestern National Insurance Co.Wisconsin Supreme Court · 1898
- Seamans v. Knapp-Stout & Co.Wisconsin Supreme Court · 1895
- Phœnix Mutual Life Insurance v. WalrathWisconsin Supreme Court · 1882
- Ryan v. Rockford InsuranceWisconsin Supreme Court · 1893
3Cited by11 opinions
- Carroll v. FethersWisconsin Supreme Court · 1899
- Palmer v. SchultzWisconsin Supreme Court · 1909
- Jerdee v. FurbushWisconsin Supreme Court · 1902
- Prochnow v. Northwestern Iron Co.Wisconsin Supreme Court · 1914
- Mash v. BloomWisconsin Supreme Court · 1905
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