Gegare v. Fox River Land & Loan Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Brown-county: S. D. HastiNgs, Circuit Judge. This action was brought by the plaintiffs to recover damages sustained by reason of tbe alleged failure of tbe defendant to place insurance upon property of tbe plaintiffs as agreed, tbe property having been destroyed by fire.
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Appeal from a judgment of the circuit court for Brown-county: S. D. HastiNgs, Circuit Judge. This action was brought by the plaintiffs to recover damages sustained by reason of tbe alleged failure of tbe defendant to place insurance upon property of tbe plaintiffs as agreed, tbe property having been destroyed by fire. Tbe jury returned tbe following special verdict: “(1) Did tbe defendant, represented by John M. Boland, one of its officers, promise tbe plaintiffs to keep tbe property described in tbe complaint insured for- $2,000 for a year or more? A. Yes. r<(2) If you should answer tbe…
1Opinion of the CourtBaeNes, J.
Tbe complaint was framed on tbe theory that tbe defendant unqualifiedly agreed to keep tbe burned building insured in tbe sum of $2,000 and that it became liable as an insurer to that extent. Tbe answer alleged that defendant was requested to procure old line insurance for tbe plaintiffs to tbe amount above stated; that defendant agreed to do so'if it could; that it exercised due diligence in endeavoring to procure tbe insurance and was unable to do so; and that its promise in any event was nudum pactum and therefore void.
*551' The case was submitted to tbe jury on the theory outlined in the…
2Cases cited3 opinions
- Rainer v. SchulteWisconsin Supreme Court · 1907
- Eycleshimer v. Van AntwerpWisconsin Supreme Court · 1861
- Messenger v. MillerWisconsin Supreme Court · 1847
3Cited by8 opinions
- Drovers' Deposit National Bank v. TichenorWisconsin Supreme Court · 1914
- Delfosse v. New Franken Oil Co.Wisconsin Supreme Court · 1930
- Hause v. ScheselWisconsin Supreme Court · 1969
- Spinner v. McDermottSupreme Court of Minnesota · 1933
- Hassell v. Sterling Federal Savings & Loan Ass'nAppellate Court of Illinois · 1971
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