Bruger v. Princeton & St. Marie Mutual Fire Insurance
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Green-Lake county: Ciiesteb A. Eowleb, Circuit Judge. Action to recover $1,315 on a policy of fire insurance. Tbe complaint was in tbe usual form. Defendant answered admitting tbe execution- and delivery of tbe policy but claiming-tbat it was void because tbe occurrence was produced by false-representations of tbe plaintiff of facts material to tbe risk, wbicb falsity was not known to the assurer till after tbe loss occurred.
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Appeal from a judgment of tbe circuit court for Green-Lake county: Ciiesteb A. Eowleb, Circuit Judge. Action to recover $1,315 on a policy of fire insurance. Tbe complaint was in tbe usual form. Defendant answered admitting tbe execution- and delivery of tbe policy but claiming-tbat it was void because tbe occurrence was produced by false-representations of tbe plaintiff of facts material to tbe risk, wbicb falsity was not known to the assurer till after tbe loss occurred. Tbe answer also put in issue tbe allegations of tbe complaint as to tbe interest of plaintiff in tbe property; also as to…
1Opinion of the Court
MAksi-i all, ,J\
Some complaint is made respecting tbe manner in which the court disposed of the cause of action set forth bj way of counterclaim for a rescission of the contract of insurance. All the facts in regard thereto were properly plead-able as a defense at law, were so pleaded, and the issues raised in respect thereto were tried and closed by the verdict of the jury. Such being the case it does not seem necessary to consider any question as to the equitable defense.
It is undisputed that the contract of insurance, unless appellant was notified when it was made of the then existing…
2Cases cited8 opinions
- Wuerfler v. Trustees of the Grand Grove of Wisconsin of the Order of DruidsWisconsin Supreme Court · 1902
- Montgomery v. StateWisconsin Supreme Court · 1906
- Bonner v. Home Insurance Co.Wisconsin Supreme Court · 1861
- Koerts v. Grand Lodge of Wisconsin of the Order of Hermann's SonsWisconsin Supreme Court · 1903
- Ledebuhr v. Wisconsin Trust Co.Wisconsin Supreme Court · 1902
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- Jaeger v. Grand Lodge of Wisconsin of the Order of Hermann's SonsWisconsin Supreme Court · 1912
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