Beal v. Park Fire Insurance
Wisconsin Supreme Court
APPEAL from the County Court for Milwaukee County. Action on a policy of insurance for $1,200, issued by .'one Hyer acting as the agent of the defendant, to Alonzo D. Seaman and by him assigned to the plaintiff after the happening of the loss in question.
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APPEAL from the County Court for Milwaukee County. Action on a policy of insurance for $1,200, issued by .'one Hyer acting as the agent of the defendant, to Alonzo D. Seaman and by him assigned to the plaintiff after the happening of the loss in question. The policy purported to insure said Seaman “ against loss or damage by fire, to the amount of twelve hundred dollars on his stock of furniture, cabinet and upholstery ware and materials and other merchandise, kept and used by him, not hazardous and extra hazardous, contained in the five story brick building, one hundred by sixty i’eet; walls…
1Opinion of the Court
*246By the Court,
Dixon, C. J.
The company had ratified the acts of Hyer as their agent to solicit insurance. Hyer filled out the policy; it was subsequently renewed by an agent, whose authority was not questioned and its due execution was not denied by the answer. The company could not ratify for its benefit and repudiate when adversely interested. The evidence of Hyer’s acts and declarations at the time the risk was taken, together with those of die renewing agent, Hatch, and also the testimony of the latter, were properly received, unless as urged by counsel, they should have been excluded on…
2Cases cited1 opinion
- Hough v. City Fire InsuranceSupreme Court of Connecticut · 1860
3Cited by15 opinions
- Viele v. Germania InsuranceSupreme Court of Iowa · 1868
- Schwarzbach v. Ohio Valley Protective UnionWest Virginia Supreme Court · 1885
- Grubbs v. North Carolina Home InsuranceSupreme Court of North Carolina · 1891
- Miner v. Phœnix InsuranceWisconsin Supreme Court · 1871
- Planters' Insurance v. MyersMississippi Supreme Court · 1877
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