Washington Union Insurance v. Wilson
Wisconsin Supreme Court
ERROR TO THE COUNTY COURT OF MILWAUKEE COUNTY, This' was an action brought by the defendants in error against the plaintiffs in error, upon a policy of insurance. The main ground of defence in the court below was, that the plaintiffs below, themselves set fire to the property insured.
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ERROR TO THE COUNTY COURT OF MILWAUKEE COUNTY, This' was an action brought by the defendants in error against the plaintiffs in error, upon a policy of insurance. The main ground of defence in the court below was, that the plaintiffs below, themselves set fire to the property insured. To establish this defence, a great mass of evidence was produced on the trial, but the principal error relied upon to reverse the judgment (which was for the plaintiffs below), is assigned upon the following instruction of the judge to the jury. And the defendant further ashed the court to instruct the jury a…
1Opinion of the Court
By the Court,
Cole J.
This was an action brought by the defendants in error to recover the amount due on a policy of insurance. One of the grounds of defence relied upon to defeat the action was, that the defendants in error had set fire to the building, and that consequently the company was exonerated from all liability for the loss thus occasioned. Upon this point the court charged the jury that the defence set up constituted a criminal offence, and that although this was a civil action, yet from the nature of the defence — it being what would constitute a crime — they must be satisfied from…
2Cited by19 opinions
- Rost v. F. H. Noble & Co.Illinois Supreme Court · 1925
- United States v. ShapleighCourt of Appeals for the Eighth Circuit · 1893
- Blaeser v. Milwaukee Mechanics' Mutual InsuranceWisconsin Supreme Court · 1875
- Sundquist v. Hardware Mutual Fire Insurance Co. of MinnesotaIllinois Supreme Court · 1939
- Welch v. JugenheimerSupreme Court of Iowa · 1881
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