Legal Opinion

Parker v. Amazon Insurance

Wisconsin Supreme Court

Decided January 15, 1874PublishedCited by 18 opinions

APPEAL from tbe Circuit Court for Winnebago County. Action by insured to recover on an insurance policy. The complaint alleges, among other things, that the defendant issued its policy to Frank L. Parker and Betsy L. Smith, members of the firm of Parker & Smith, under their firm name; that they were the owners of the property insured; that A. B. Smith (who is made a party to the suit) was and is the husband of Betsy L. Smith) and that due proofs of loss were made.

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APPEAL from tbe Circuit Court for Winnebago County. Action by insured to recover on an insurance policy. The complaint alleges, among other things, that the defendant issued its policy to Frank L. Parker and Betsy L. Smith, members of the firm of Parker & Smith, under their firm name; that they were the owners of the property insured; that A. B. Smith (who is made a party to the suit) was and is the husband of Betsy L. Smith) and that due proofs of loss were made. The answer set up as defenses: 1. That at the time the policy was issued, Parker and A. B. Smith falsely and fraudulently stated…

1Opinion of the CourtCole, J.

I. The first exception relied on for a reversal of the judgment is to the ruling of the court in admitting in evidence the letter purporting to have been written by Holland, superintendent of the defendant company, to its agents in Oshkosh, in respect to the loss. It was claimed in the court below, and the point is urged here, that there was no sufficient proof of the handwriting or signature of Holland to entitle the letter to be received in evidence. We deem this position clearly unsupported by the record. The witness Berry, who testified that he was the state agent of the company, said…

2Cases cited2 opinions

  1. Miner v. Phœnix InsuranceWisconsin Supreme Court · 1871
  2. Troy Fire Insurance v. CarpenterWisconsin Supreme Court · 1856

3Cited by18 opinions

  1. Omaha Fire Insurance v. Dierks & WhiteNebraska Supreme Court · 1895
  2. Beyer v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1901
  3. Modern Woodmen of America v. AngleMissouri Court of Appeals · 1907
  4. Dunbar v. Phenix Insurance Co. of BrooklynWisconsin Supreme Court · 1888
  5. Campbell v. American Fire Insurance Co. of PhiladelphiaWisconsin Supreme Court · 1888

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