Hawkes v. Dodge County Mut. Ins.
Wisconsin Supreme Court
APPEAL PROM CIRCUIT COURT, ROCK COUNTV. This was an action commenced by Rebecca Hawkes, to recover $435, the amount of loss incurred by fire, in the destruction of her house and furniture.
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APPEAL PROM CIRCUIT COURT, ROCK COUNTV. This was an action commenced by Rebecca Hawkes, to recover $435, the amount of loss incurred by fire, in the destruction of her house and furniture. The answer denied generally the debt, and then averred that when they issued the policy of insurance, the plaintiff represented that the property was unincumbered by mortgage, when in truth and in fact, at that time, she had bargained, sold and conveyed the dwelling-house and premises upon which the same was situated, to Eliza Taylor, by mortgage, and which was unpaid and undischarged. That also after the…
1Opinion of the Court
By the Court,
Cole, J.
This was an actioh on a policy of insurance, and the answer set up, that there was an incum-brance by mortgage on the property, at the time of the application for insurance, and that the plaintiff falsely represented that there was no incumbrance. The facts were, that the witness, Atherton, before the application, had made an arrangement with Hudson, the attorney, who was foreclosing the mortgage, by which he paid him $130; and Hudson loaned him the balance necessary to pay off the mortgage, by accepting his personal responsibility for that balance, and considered the…
2Cited by9 opinions
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- German-American Insurance v. HumphreySupreme Court of Arkansas · 1896
- Wilkinson v. WilkinsonWisconsin Supreme Court · 1884
- Krause v. KrauseWisconsin Supreme Court · 1868
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