Gorton v. Dodge County Mutual Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Eau Clcdre County. Action upon a policy of insurance dated August 21, 1871, issued by the defendant company to the plaintiff, the term of insurance being five years. The insured property was destroyed by fire September 11, 1874. These facts appear from the complaint, and it is further alleged therein that the plaintiff paid for such insurance a premium of twenty-four dollars.
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APPEAL from the Circuit Court for Eau Clcdre County. Action upon a policy of insurance dated August 21, 1871, issued by the defendant company to the plaintiff, the term of insurance being five years. The insured property was destroyed by fire September 11, 1874. These facts appear from the complaint, and it is further alleged therein that the plaintiff paid for such insurance a premium of twenty-four dollars. The second defense in the answer is to the effect that such premium was not paid in cash, but the plaintiff gave the defendant his promissory note therefor, payable May 1, 1872; that he…
1Opinion of the Court
Lyoít, J.
Tbe agreement contained in tbe note given for tbe premium is part of tbe contract of insurance; and tbe cases cited by tbe learned counsel for tbe defendant abundantly show that under such contract tbe liability of tbe defendant on tbe policy was absolutely suspended by tbe failure of tbe plaintiff to pay tbe note when due. Tbe note never having been paid, such liability was never restored; and tbe loss occurring after tbe plaintiff was thus in default, tbe defendant is not liable therefor. It is so held, and tbe reasons are sufficiently stated, in Joliffe v. Madison Mut. Ins. Co.,…
2Cited by9 opinions
- Cohen v. Continental Fire InsuranceTexas Supreme Court · 1887
- Phenix Ins. v. BachelderNebraska Supreme Court · 1891
- Ressler v. Fidelity Mutual Life InsuranceTennessee Supreme Court · 1903
- Stutzman v. Cicero Mutual Fire InsuranceWisconsin Supreme Court · 1912
- McCullough v. Home Insurance Co.Tennessee Supreme Court · 1906
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