Legal Opinion

Lindner v. St. Paul Fire & Marine Insurance

Wisconsin Supreme Court

Decided June 19, 1896PublishedCited by 14 opinions

Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, Judge. This action was upon an insurance policy issued by the-defendant company to the plaintiff upon his buildings for $1,675, and for $1,050 on personal property,— in all $2,725. „ The loss occurred on the 2d and 4th days of September, 1893, and it was claimed that it amounted to $3,425. It was alleged in the complaint that the fire did not originate by any act, design, or procurement on the…

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Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, Judge. This action was upon an insurance policy issued by the-defendant company to the plaintiff upon his buildings for $1,675, and for $1,050 on personal property,— in all $2,725. „ The loss occurred on the 2d and 4th days of September, 1893, and it was claimed that it amounted to $3,425. It was alleged in the complaint that the fire did not originate by any act, design, or procurement on the part of the plaintiff, nor on the part of any one having any interest in the property described or in the policy of…

1Opinion of the CourtPiNNey, J.

1. It is contended that it was error to allow the defendant’s adjuster, McClure, on cross-examination, to testify, in answer to a question as to what was said to him about $1,800 when he had an interview at his office with the plaintiff and another in relation to the loss, to the effect that they called on him to talk about getting a settlement; that they were still endeavoring the next day to settle; that he had been out to the premises in the meantime,— and, *530without answering the question, he volunteered the statement that he “ had not then, or at any time, refused to settle ; that he…

2Cases cited4 opinions

  1. Seyk v. Millers' National InsuranceWisconsin Supreme Court · 1889
  2. Harriman v. Queen Insurance Co. of LondonWisconsin Supreme Court · 1880
  3. Pratt v. PeckWisconsin Supreme Court · 1886
  4. Folger v. BoyintonWisconsin Supreme Court · 1886

3Cited by14 opinions

  1. Lee v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1898
  2. Lane v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Oklahoma · 1907
  3. O'Keefe v. Liverpool, London & Globe InsuranceSupreme Court of Missouri · 1897
  4. Trustees of St. Clara Female Academy of Sinsinawa Mound v. Northwestern National Insurance Co.Wisconsin Supreme Court · 1898
  5. Liverpool & London & Globe Insurance v. HeckmanSupreme Court of Kansas · 1902

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