Vankirk v. Citizens' Insurance Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rook, County. This action is on a policy of insurance issued by the defendant company to one Collier, insuring him to the amount of $400 against loss of or damage by. fire to his tobacco barn in Janesville. The barn ivas totally destroyed by fire during the term of the policy. After the loss Collier assigned his interest in the policy and insurance money due thereon to the plaintiff.
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APPEAL from the Circuit Court for Rook, County. This action is on a policy of insurance issued by the defendant company to one Collier, insuring him to the amount of $400 against loss of or damage by. fire to his tobacco barn in Janesville. The barn ivas totally destroyed by fire during the term of the policy. After the loss Collier assigned his interest in the policy and insurance money due thereon to the plaintiff. The complaint alleges due performance by Collier of all conditions precedent stipulated in the policy to be performed by him. The answer sets out numerous conditions and…
1Opinion of the CourtLyon, J.
1. On the trial the defendant demurred, ore temos, to the complaint, alleging that it failed to state a cause of action. The ground of the demurrer was that there is no allegation in the complaint that Collier was the owner of the insured property when the policy was issued or when the loss occurred. This is a mistake of fact. The complaint alleges that the barn was Collier’s property when the policy was issued, and that he was the owner thereof when, the same was burned.
*6302. It is maintained on behalf of the company that a fact material to the risk, to wit, the existence of the mortgage upon…
2Cases cited7 opinions
- Alkan v. New Hampshire InsuranceWisconsin Supreme Court · 1881
- McBride v. Republic Fire Ins.Wisconsin Supreme Court · 1872
- Wilson v. NoonanWisconsin Supreme Court · 1874
- Dolliver v. St. Joseph Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1880
- Johannes v. Standard Fire Office of LondonWisconsin Supreme Court · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
- Glens Falls Insurance Co. v. MichaelIndiana Supreme Court · 1905
- Connecticut Fire Insurance v. Colorado Leasing, Mining & Milling Co.Supreme Court of Colorado · 1911
- Wilcox v. Continental Insurance Co. of New YorkWisconsin Supreme Court · 1893
20 more not listed; retrieve them via the Exa API.