Webster v. Phœnix Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. This action is upon a policy of insurance on the dwelling bouse of tbe plaintiff in Menasha, issued by the defendant December 2, 1867, for five years, and renewed December 2, 1872, for five years.
Read the full summary
APPEAL from the Circuit Court for Winnebago County. This action is upon a policy of insurance on the dwelling bouse of tbe plaintiff in Menasha, issued by the defendant December 2, 1867, for five years, and renewed December 2, 1872, for five years. Such dwelling house was destroyed by fire December 19, 1872. . The policy contains the following condition : “ If the assured shall have or shall hereafter make any other insurance on the property hereby insured, or any part thereof, without the consent of the company written hereon, this policy shall be void.” On the 16th of December, 1871, the…
1Opinion of the CourtLyon, J.
The appeal, in form, is from the order denying the motion for a new trial, and also from the judgment; but it was quite unnecessary to take it in that form. Such order involves the merits and necessarily affects the judgment, and would therefore be reviewed by this court on an appeal from the judgment alone. Tay. Stats., 1632, § 6.
"We find it unnecessary to determine whether the affidavits on which the motion for a new trial was predicated, show a case of surprise which entitles the defendant to a new trial; because, if it be conceded that when the policy was renewed (December 2, 1872), the…
2Cases cited2 opinions
- Viele v. Germania InsuranceSupreme Court of Iowa · 1868
- Miner v. Phœnix InsuranceWisconsin Supreme Court · 1871
3Cited by49 opinions
- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- Masonic Mutual Benefit Ass'n v. BeckIndiana Supreme Court · 1881
- Gans v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1877
- Hollis v. State InsuranceSupreme Court of Iowa · 1884
- German Insurance v. GibsonSupreme Court of Arkansas · 1890
44 more not listed; retrieve them via the Exa API.