Stocker v. Dubuque Fire & Marine Insurance
Wisconsin Supreme Court
Appeal from a judgment of tbe municipal court of Outa-gamie county: AlbeRt M. SpeNCER, Judge. Action to recover on two fire insurance policies. Tbe defendant denied liability. After tbe evidence was all in tbe defendant moved for a directed verdict. Tbe following verdict was returned: “(1) Were tbe policies in suit issued to tbe plaintiff by the defendant company and tbe premiums paid thereon? A. (by the court). Yes.
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Appeal from a judgment of tbe municipal court of Outa-gamie county: AlbeRt M. SpeNCER, Judge. Action to recover on two fire insurance policies. Tbe defendant denied liability. After tbe evidence was all in tbe defendant moved for a directed verdict. Tbe following verdict was returned: “(1) Were tbe policies in suit issued to tbe plaintiff by the defendant company and tbe premiums paid thereon? A. (by the court). Yes. “(2) Was tbe plaintiff Jacob J. StocJcer tbe owner of the property described in tbe policies of insurance at tbe time of the fire? A. (by the court). Yes. “(3) Did tbe fire…
1Opinion of the CourtEjeRWIN, J.
Counsel for appellant in their brief say that the five errors assigned involve the construction of secs. 1941 — 46 and 1941 — 62, Stats. The only material question involved upon this appeal and arising under these sections is whether the so-called trust deed placed upon the property was an incumbrance of personal property included in the policy by chattel mortgage within the meaning of sec. 1941 — 46.
*618If there was no incumbrance of personal property covered by the policy, then the question of waiver discussed under sec. 1941- — 62 need not be considered, because it has no bearing on the case.…
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