Fleming v. Hartford Fire Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Pierce County. Action upon a contract of insurance against loss by fire upon plaintiffs building, alleged to have been entered into 'by the defendant through its agent, one Brackett, with the plaintiff, on the 4th of October, 1875. The complaint alleges due authority in the agent, a valuable consideration, the agreed amount of insurance and premium, and that defendant, by the agreement, was to execute and deliver to plaintiff a policy in the…
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APPEAL from the Circuit Court for Pierce County. Action upon a contract of insurance against loss by fire upon plaintiffs building, alleged to have been entered into 'by the defendant through its agent, one Brackett, with the plaintiff, on the 4th of October, 1875. The complaint alleges due authority in the agent, a valuable consideration, the agreed amount of insurance and premium, and that defendant, by the agreement, was to execute and deliver to plaintiff a policy in the usual form of policies issued by it, insuring the building for one year from the date above named. It further alleges…
1Opinion of the CourtCole, J.
In this case the nonsuit was granted on the ground that there was no sufficient evidence for the jury to have found, if the cause had- been submitted to them, that the plaintiff had made a valid contract of .insurance with a duly authorized agent of the company, as alleged in the complaint. The defendant’s counsel admitted that a parol contract of insurance was as valid and binding as one in writing, when made by an *619agent authorized £o effect insurance and issue policies; hut he insisted that the evidence clearly showed that the agent Brack-ett, with whom the business was transacted, had no…
2Cases cited1 opinion
- Ætna Insurance v. MaguireIllinois Supreme Court · 1869
3Cited by6 opinions
- Merchants' Planters' Ins. Co. v. MarshSupreme Court of Oklahoma · 1912
- Campbell v. American Fire Insurance Co. of PhiladelphiaWisconsin Supreme Court · 1888
- Shawnee Mut. Fire Ins. Co. v. McClureSupreme Court of Oklahoma · 1913
- American Insurance v. GallatinWisconsin Supreme Court · 1879
- United States Mutual Accident Ass'n of New York v. KittenringSupreme Court of Colorado · 1896
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