Cannon v. Home Insurance Company of New York
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waupaca County. The complaint alleges, among other things, the execution and delivery to the plaintiff, by the Roger Williams Insurance ' Company of Providence, R. I., of a policy of insurance against fire, and various renewals of the same continuing it in force to March 1, 1880; that it was provided in said policy that, in case of loss or damage by fire, the insured should forthwith give notice thereof to the company, and, as soon…
Read the full summary
APPEAL from the Circuit Court for Waupaca County. The complaint alleges, among other things, the execution and delivery to the plaintiff, by the Roger Williams Insurance ' Company of Providence, R. I., of a policy of insurance against fire, and various renewals of the same continuing it in force to March 1, 1880; that it was provided in said policy that, in case of loss or damage by fire, the insured should forthwith give notice thereof to the company, and, as soon thereafter as possible, render a particular account of such loss, signed and sworn to by the assured, stating whether any and…
1Opinion of the CourtCole, C. J.
One or two preliminary questions must be noticed before we come to the real defense in this case. It is objected that the court below erred in admitting evidence under the complaint. The specific objection is, that the complaint show;s on its face that the contract sued on is one of guaranty, and it does not appear that the defendant was authorized, under its charter, to make such a contract. The facts stated show clearly an original undertaking on the part of the defendant; or, in other words, set forth a contract of reinsurance. About this, it seems, to us, there can be no doubt. But it is…
2Cases cited7 opinions
- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- Gans v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1877
- Webster v. Phœnix InsuranceWisconsin Supreme Court · 1874
- Redman v. Ætna InsuranceWisconsin Supreme Court · 1880
- Appleton Iron Co. v. British America Assurance Co.Wisconsin Supreme Court · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Hollis v. State InsuranceSupreme Court of Iowa · 1884
- Cotton States Life Insurance v. EdwardsSupreme Court of Georgia · 1884
- Renier v. Dwelling House InsuranceWisconsin Supreme Court · 1889
- McDermott v. JacksonWisconsin Supreme Court · 1897
- Oshkosh Gas Light Co. v. Germania Fire InsuranceWisconsin Supreme Court · 1888
33 more not listed; retrieve them via the Exa API.