McBride v. Republic Fire Ins.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. McBride and Faulkner brought their action to recover from the defendant upon a policy of insurance. The complaint was in the usual form, setting up the policy and the destruction of the premises by fire.
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APPEAL from the Circuit Court for Winnebago County. McBride and Faulkner brought their action to recover from the defendant upon a policy of insurance. The complaint was in the usual form, setting up the policy and the destruction of the premises by fire. The answer disclosed two grounds of defense: first, that plaintiffs had made false representations with regard to the title to the realty; and, second, that they had made false representations as to the danger from incendiarism. The evidence is sufficiently stated in the opinion. Defendant’s counsel, among other special instructions, asked…
1Opinion of the CourtCole, J.
Tbe defense in this case rested mainly upon two grounds: first, that in the written application made by the plaintiffs they falsely represented and stated that they were the 'Owners in fee simple of the real estate upon which the store building was situated, whereas in fact the title was not in them: secondly, that they farther represented on the application that there was no incendiary danger to the property threatened or to be apprehended, while the plaintiffs well knew that a certain person, whose name is given in the answer, bad threatened and declared that she would burn the store and…
2Cases cited2 opinions
- Norwich & New York Transportation Co. v. Western Massachusetts InsuranceU.S. Circuit Court for the District of Connecticut · 1868
- Miner v. Phœnix InsuranceWisconsin Supreme Court · 1871
3Cited by32 opinions
- Farnum v. Phoenix InsuranceCalifornia Supreme Court · 1890
- American Central Ins. v. McLanathanSupreme Court of Kansas · 1873
- Renier v. Dwelling House InsuranceWisconsin Supreme Court · 1889
- Omaha Fire Insurance v. Dierks & WhiteNebraska Supreme Court · 1895
- Nickell v. Phoenix InsuranceSupreme Court of Missouri · 1898
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