Joliffe v. Madison Mutual Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. Action upon a policy of insurance dated May 12, 1870, by which the defendant company insured the plaintiff’s testator against loss by fire on certain personal property therein described, for the term of five years.
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APPEAL from the Circuit Court for Jefferson County. Action upon a policy of insurance dated May 12, 1870, by which the defendant company insured the plaintiff’s testator against loss by fire on certain personal property therein described, for the term of five years. The insured property was destroyed by fire February 1, 1872. The cash premium of $16.50 payable when the policy was issued was not j>aid 'at that time, hut the plaintiff’s testator gave his note therefor due January 1, 1871. He also gave the usual premium note for $33, payable on call of the directors of the company. The note for…
1Opinion of the CourtLyoN, J.
The application for the insurance upon the property covered by the policy in suit, signed by the plaintiff’s testator, contains the following condition, which is part of the *115contract of insurance, viz: “‘Whenever a promissory note shall he taken for the cash premium, the policy in all such cases shall he issued upon the express condition that if said note is not paid within sixty days after the same shall become due, thereafter all obligations of the company to the insured shall be suspended until such time as the said note shall be fully paid.” The loss occurred while a portion of the cash…
2Cases cited6 opinions
- Baker v. . the Union Mutual Life Ins. Co.New York Court of Appeals · 1871
- Pitt v. Berkshire Life InsuranceMassachusetts Supreme Judicial Court · 1868
- Williams v. Albany City InsuranceMichigan Supreme Court · 1870
- Morse v. Buffalo Fire & Marine InsuranceWisconsin Supreme Court · 1872
- Smith v. . BabcockNew York Court of Appeals · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Cohen v. Continental Fire InsuranceTexas Supreme Court · 1887
- Alabama State Mutual Assurance Co. v. Long Clothing & Shoe Co.Supreme Court of Alabama · 1898
- Morrison v. Wisconsin Odd Fellows' Mutual Life InsuranceWisconsin Supreme Court · 1884
- Van Hulle v. State Farm Mutual Automobile InsuranceIllinois Supreme Court · 1969
- Phenix Insurance v. TomlinsonIndiana Supreme Court · 1890
41 more not listed; retrieve them via the Exa API.