Metcalf v. Mutual Fire Insurance
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Pepin county: E. W. Helms, Circuit Judge. This is an action to recover upon an oral agreement to insure the plaintiff’s property, which was destroyed by fire after •such agreement had been made. It is claimed by defendant that plaintiff made false representations at the time the insurance agreement was made which rendered the agreement void.
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Appeal from a judgment of the circuit court for Pepin county: E. W. Helms, Circuit Judge. This is an action to recover upon an oral agreement to insure the plaintiff’s property, which was destroyed by fire after •such agreement had been made. It is claimed by defendant that plaintiff made false representations at the time the insurance agreement was made which rendered the agreement void. The case was tried by the court and a jury and motions for nonsuit and for the direction of a verdict for defendant were denied. The jury returned the following verdict: “(1) Did the plaintiff at the time…
1Opinion of the CourtKeewiN, J.
The main, assignment of error relates to the sufficiency of the evidence to support the verdict. The action is grounded upon an oral agreement to insure. The plaintiff made the first payment and gave the undertaking required for future payments, binding himself to pay to the defendant his pro raía share of losses which might be sustained by the company and incidental expenses as required by the defendant. Defendant is a mutual fire insurance company organized under eh. 103, Laws of 18Y2. One of the defendant’s bylaws provides that any person desiring to insure with, the company shall make…
2Cases cited19 opinions
- Collins v. Davis.Supreme Court of North Carolina · 1903
- Standard Manufacturing Co. v. SlotWisconsin Supreme Court · 1904
- Osborne v. Alabama Steel & Wire Co.Supreme Court of Alabama · 1902
- Martel v. SomersTexas Supreme Court · 1863
- Walker v. NeilSupreme Court of Georgia · 1903
14 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Grant Marble Co. v. AbbotWisconsin Supreme Court · 1910
- Siemers v. Meeme Mutual Home Protection Insurance Co.Wisconsin Supreme Court · 1910
- Newburg v. United States Fidelity & Guaranty Co.Wisconsin Supreme Court · 1932
- Opinion No. Oag 14-86, (1986), Wisconsin Attorney General Reports1986