Ætna Insurance v. North-Western Iron Co.
Wisconsin Supreme Court
ERROR to the Circuit Court for Milwaukee County. The action below was brought by the Northwestern Iron Company against the Ætna Insurance Company, of Connecticut, on an alleged policy of marine insurance upon pig iron, from Milwaukee to Cleveland, upon Lakes Michigan and Erie and the navigable waters connecting them.
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ERROR to the Circuit Court for Milwaukee County. The action below was brought by the Northwestern Iron Company against the Ætna Insurance Company, of Connecticut, on an alleged policy of marine insurance upon pig iron, from Milwaukee to Cleveland, upon Lakes Michigan and Erie and the navigable waters connecting them. It is alleged that, in consequence of the vessel on which the shipment was made having struck upon rocks in Lake Erie, it became necessary to turn her into the harbor of Cleveland, and to lighten her of a portion of the cargo; and that in so doing some seventy tons of plaintiff’s…
1Opinion of the CourtDowner, J.
1. Was there any evidence (excluding that on the part of the defendant below) that the agents of the plaintiff in error had authority to make a parol contract of marine insurance ? What authority are they presumed to have when they are proved to be the sole insurance agents of the company at Milwaukee ? Of course, authority to do such business as such agents ordinarily do, the corporation of which they are agents being incorporated, as is admitted by the pleadings, by the legislature of the state of Connecticut. In this case the question whether a parol contract of marine insurance is valid,…
2Cited by8 opinions
- Wheeler v. Northwestern Sleigh Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1889
- Fuller v. Madison Mutual InsuranceWisconsin Supreme Court · 1875
- Fosila v. O'DonnellWisconsin Supreme Court · 1904
- Shull v. New Birdsall Co.South Dakota Supreme Court · 1901
- Micke v. Jack Walters & Sons Corp.Wisconsin Supreme Court · 1975
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