Appleton Iron Co. v. British America Assurance Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Wvrmebago County. The complaint alleges, in substance, that on the 28th of June, 1876, defendant, in consideration of a certain premium paid to it by the Appleton Iron Company, one of the plaintiffs, issued to that company a policy insuring it against loss by fire, to the amount of $3,260, on certain lots of wood in Outagamie county; that by said policy defendant agreed to pay the plaintiffs Donkersly, /Smith and Smith the moneys which…
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APPEAL from the Circuit Court for Wvrmebago County. The complaint alleges, in substance, that on the 28th of June, 1876, defendant, in consideration of a certain premium paid to it by the Appleton Iron Company, one of the plaintiffs, issued to that company a policy insuring it against loss by fire, to the amount of $3,260, on certain lots of wood in Outagamie county; that by said policy defendant agreed to pay the plaintiffs Donkersly, /Smith and Smith the moneys which should become payable upon any loss, to the extent of the interest of said plaintiffs in the property; that, during the life…
1Opinion of the Court
The following opinion was filed at the August term, 1878:
Cole, J.
The question is, whether the policy was avoided by the proceedings in bankruptcy and the assignment or transfer made by the bankrupt to the trustee under the order of the district court. ' The counsel for the defendant insists that it was; that there was a transfer- or change of the title of the wood by legal process or judicial decree, within the meaning of the policy.
When considered with reference to the facts in this case, we can give no such effect to the bankrupt proceedings, for this reason. By the terms of the1 policy,…
2Cases cited1 opinion
- Perry v. . Lorillard Fire Insurance Co.New York Court of Appeals · 1874
3Cited by23 opinions
- French v. Fidelity & Casualty Co.Wisconsin Supreme Court · 1908
- Cannon v. Home Insurance Company of New YorkWisconsin Supreme Court · 1881
- Chandos v. American Fire InsuranceWisconsin Supreme Court · 1893
- Fire Insurance Companies v. FelrathSupreme Court of Alabama · 1884
- Jacobs v. SpaldingWisconsin Supreme Court · 1888
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