Blaeser v. Milwaukee Mechanics' Mutual Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Action upon a policy of insurance upon a flour and grist mill, issued to one Tietgen and the plaintiff. Blaeser was part owner of the mill, and had a mortgage on Tietgen’s interest; and the insurance was, in case of loss, made payable, by the terms of the policy, to him.
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APPEAL from the Circuit Court for Milwaukee County. Action upon a policy of insurance upon a flour and grist mill, issued to one Tietgen and the plaintiff. Blaeser was part owner of the mill, and had a mortgage on Tietgen’s interest; and the insurance was, in case of loss, made payable, by the terms of the policy, to him. The complaint sets forth the contract of insurance, alleges the total loss by fire of the insured property, due notice and proof of loss, and demands judgment for $3,000, the sum insured. The defenses set up are: 1. That the plaintiff falsely represented in the application…
1Opinion of the CourtCole, J.
It would be a work of considerable labor to notice *36all the exceptions taken to the rulings of the court on the trial of this cause, and we shall not attempt to do so. Our attention will be confined to exceptions taken to one or two portions of tbe charge of the court, which- we deem fatally erroneous and of a character calculated to prejudice the rights of the defendant.
The action was upon a policy of insurance. Among other defenses, the company set up in the answer and relied upon the defense, that the fire by which the insured property was destroyed originated through the willful act and…
2Cases cited3 opinions
- Wright v. HardyWisconsin Supreme Court · 1867
- Washington Union Insurance v. WilsonWisconsin Supreme Court · 1859
- Pryce v. Security Insurance Co. of New YorkWisconsin Supreme Court · 1871
3Cited by34 opinions
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
- Quaife v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1880
- Goorberg v. the Western Assurance Co.California Supreme Court · 1907
- United States v. ShapleighCourt of Appeals for the Eighth Circuit · 1893
- F. Dohmen Co. v. Niagara Fire InsuranceWisconsin Supreme Court · 1897
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