Johannes v. Phenix Insurance Co. of Brooklyn
Wisconsin Supreme Court
APPEAL from the Circuit Court for Earn Olcdre County. The following statement of the case ivas prepared by Mr. Justice Oassoday: This is an appeal from an order overruling a demurrer to the complaint for insufficiency as against the appellant.
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APPEAL from the Circuit Court for Earn Olcdre County. The following statement of the case ivas prepared by Mr. Justice Oassoday: This is an appeal from an order overruling a demurrer to the complaint for insufficiency as against the appellant. The complaint alleges, in effect, the incorporation of each of the defendants, and $heir right to do insurance business in Wisconsin; that July 1,1883, the defendant the Standard Fire Office of London, Limited, for a premium or consideration then paid, insured the plaintiff’s property, described by an insurance policy in writing (No. 134,841), against…
1Opinion of the CourtCassoday, J.
A policy of fire insurance is a contract of indemnity. Darrell v. Tibbitts, L. R. 5 Q. B. Div. 560. By such contract the insurer agrees to compensate the assured for loss by fire of certain property, for a given time. The existence of such contract gives the insurer an insurable interest in the property insured, co-extensive with its liabib ity. Delaware Ins. Co. v. Quaker City Ins. Co. 3 Grant’s Cas. 71; New York Bowery Fire Ins. Co. v. New York Fire Ins. Co. 17 Wend. 359. Here the Standard Eire Office of London insured the plaintiff’s property for three years from July 1,1883. After doing…
2Cases cited20 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Strong v. Phœnix InsuranceSupreme Court of Missouri · 1876
- Hoile v. BaileyWisconsin Supreme Court · 1883
- Putney v. FarnhamWisconsin Supreme Court · 1870
- Bassett v. HughesWisconsin Supreme Court · 1877
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3Cited by37 opinions
- Gorrell v. Greensboro Water Supply Co.Supreme Court of North Carolina · 1899
- Howsmon v. Trenton Water Co.Supreme Court of Missouri · 1893
- Clark v. Bonsal & Co.Supreme Court of North Carolina · 1911
- Electric Appliance Co. v. United States Fidelity & Guaranty Co.Wisconsin Supreme Court · 1901
- Vial v. Norwich Union Fire Insurance SocietyIllinois Supreme Court · 1913
32 more not listed; retrieve them via the Exa API.