Kircher v. Milwaukee Mechanics' Mutual Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Calumet County. Tbe following statement of the case was prepared by Mr. Justice Cassoday: This action is to recover damages by reason of loss by fire of a two-story frame dwelling-house, January 10, 1886, upon a policy of insurance issued to the plaintiff by the defendant on oí about October 1,1884, containing the following provisions: “It is also agreed by and between the assured and the company that this policy shall be wholly void under…
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APPEAL from the Circuit Court for Calumet County. Tbe following statement of the case was prepared by Mr. Justice Cassoday: This action is to recover damages by reason of loss by fire of a two-story frame dwelling-house, January 10, 1886, upon a policy of insurance issued to the plaintiff by the defendant on oí about October 1,1884, containing the following provisions: “It is also agreed by and between the assured and the company that this policy shall be wholly void under any one or more of the following conditions, to wit: . . . (6) If the premises shall at any time be occupied or used, in…
1Opinion of the CourtCassoday, J.
The mere fact that the plaintiff was allowed to testify to the value of the building was not such an error as should work a reversal. True, it was immaterial upon any of the issues submitted, but it affected no substantial right of the defendant, and hence is not ground for reversal. Sec. 2829, R. S. The same is true respecting the answer of the witness Dick as to his seeing Noah Welch and others outside of the house on Friday before the fire, with hatchets and axes, and saying that they were going *472into the woods to out poles. So far as the statement tended to prove anything it was favorable…
2Cases cited14 opinions
- Hankins v. Rockford Insurance Co.Wisconsin Supreme Court · 1887
- Westchester Fire Insurance v. FosterIllinois Supreme Court · 1878
- Blumer v. Phœnix InsuranceWisconsin Supreme Court · 1878
- Baker v. StateWisconsin Supreme Court · 1887
- Joyce v. Maine InsuranceSupreme Judicial Court of Maine · 1858
9 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Beyer v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1901
- Vangindertaelen v. Phenix InsuranceWisconsin Supreme Court · 1892
- Rheims v. Standard Fire Ins.West Virginia Supreme Court · 1894
- Weidner v. Standard Life & Accident InsuranceWisconsin Supreme Court · 1906
- McClure v. Mutual Fire Ins.Supreme Court of Pennsylvania · 1913
13 more not listed; retrieve them via the Exa API.