Schomer v. Hekla Fire Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. xYction on a policy of insurance against fire. After plaintiffs’ evidence was in, a nonsuit was granted on defendant’s motion; and plaintiffs appealed from the judgment. The facts shown by plaintiffs’ evidence will sufficiently appear from the opinion. 1. The agreement for other insurance .was part of the original contract, which, whether Lawson had authority to act or not, the company adopted.
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APPEAL from the Circuit Court for Winnebago County. xYction on a policy of insurance against fire. After plaintiffs’ evidence was in, a nonsuit was granted on defendant’s motion; and plaintiffs appealed from the judgment. The facts shown by plaintiffs’ evidence will sufficiently appear from the opinion. 1. The agreement for other insurance .was part of the original contract, which, whether Lawson had authority to act or not, the company adopted. The arrangement between the plaintiffs and Lawson was, that he should place the insurance to the amount of $>1,500, and that $1,000 other insurance…
1Opinion of the CourtCole, C. J.
Under the rule of this court, a nonsuit should not be granted except where the evidence, on the most favorable construction for the plaintiff, will not justify a verdict in his favor. All which the evidence in any degree tends to prove, must be deemed as fully proved; every fact which the testimony, and all reasonable inferences from it, conduce to establish, must be assumed to be established, in passing upon the correctness of the nonsuit. Imhoff v. Railroad Co., 22 Wis., 682; Sutton v. Wauwatosa, 29 Wis., 21. Within this rule it is clear to us that this case should have gone to the jury…
2Cases cited5 opinions
- Sutton v. Town of WauwatosaWisconsin Supreme Court · 1871
- Gans v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1877
- Miner v. Phœnix InsuranceWisconsin Supreme Court · 1871
- American Insurance v. GallatinWisconsin Supreme Court · 1879
- Roberts v. Continental Insurance Co.Wisconsin Supreme Court · 1877
3Cited by42 opinions
- Continental Insurance v. RuckmanIllinois Supreme Court · 1889
- Commercial Union Assurance Co. v. State ex rel. SmithIndiana Supreme Court · 1888
- Paulson v. Western Life InsuranceOregon Supreme Court · 1981
- ALLSTATE INSURANCE COMPANY v. Diana Lynn TARRANT Et Al.Tennessee Supreme Court · 2012
- John R. Davis Lumber Co. v. Hartford Fire InsuranceWisconsin Supreme Court · 1897
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