Wilcox v. Continental Insurance Co. of New York
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. The complaint alleges, in effect, the incorporation and location of the defendant; that May 20, 1892, the plaintiff was the owner of a stallion of the value of $1,000, subject to a chattel mortgage thereon to one Connors for $75, and then insured in the Mutual Reserve Live-Stock Insurance Company of Marshall, Mich., for the sum of $200; that on said day the plaintiff applied to the defendant for an insurance policy against loss…
Read the full summary
APPEAL from the Circuit Court for Dane County. The complaint alleges, in effect, the incorporation and location of the defendant; that May 20, 1892, the plaintiff was the owner of a stallion of the value of $1,000, subject to a chattel mortgage thereon to one Connors for $75, and then insured in the Mutual Reserve Live-Stock Insurance Company of Marshall, Mich., for the sum of $200; that on said day the plaintiff applied to the defendant for an insurance policy against loss by fire upen said horse, which the defendant then and there examined, and agreed to issue such policy for the sum of…
1Opinion of the CourtCassoday, J.
This is an action at law upon a contract in the form of a policy of insurance. There is no attempt to reform the contract by reason of any mistake or fraud or otherwise. True, it is alleged, in effect, that in making the contract “ the defendant fraudulently suppressed and concealed from this plaintiff the fact that said policy was to and did contain ” the provision quoted in the foregoing statement. No facts are alleged, however, indicating such suppression or concealment. The most that can be inferred from the facts alleged is that, in making the contract for the insurance, the defendant’s…
2Cases cited11 opinions
- Quinlan v. Providence Washington InsuranceNew York Court of Appeals · 1892
- Hankins v. Rockford Insurance Co.Wisconsin Supreme Court · 1887
- Alkan v. New Hampshire InsuranceWisconsin Supreme Court · 1881
- Herbst v. LoweWisconsin Supreme Court · 1886
- Dunbar v. Phenix Insurance Co. of BrooklynWisconsin Supreme Court · 1888
6 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Metzger v. . &198tna Ins. Co.New York Court of Appeals · 1920
- Aetna Insurance v. HolcombTexas Supreme Court · 1896
- Standard Manufacturing Co. v. SlotWisconsin Supreme Court · 1904
- New York Life Insurance v. McMasterCourt of Appeals for the Eighth Circuit · 1898
- McMaster v. New York Life Ins.Court of Appeals for the Eighth Circuit · 1899
19 more not listed; retrieve them via the Exa API.