Blakeley v. Phœnix Insurance
Wisconsin Supreme Court
APPEAL from tbe Comity Court of Milwaukee, County. Action against tbe Phoenix Insurance Company, of Hartford, Connecticut, on an insurance policy issued to tbe plaintiff De Pemor on bis property, and payable in part to tbe other plaintiffs, Joseph and William Blakeley. Tbe statement in tbe opinion shows sufficiently tbe point on wbicb tbe case turned, both in tbe court below and in tbis court.
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APPEAL from tbe Comity Court of Milwaukee, County. Action against tbe Phoenix Insurance Company, of Hartford, Connecticut, on an insurance policy issued to tbe plaintiff De Pemor on bis property, and payable in part to tbe other plaintiffs, Joseph and William Blakeley. Tbe statement in tbe opinion shows sufficiently tbe point on wbicb tbe case turned, both in tbe court below and in tbis court. Tbe county court beld tbat tbe requirement in tbe policy sued on, in respect to giving a copy of tbe written portion of any other policy upon tbe property, was a condition precedent to plaintiff’s right…
1Opinion of the Court
Tbe following opinion was filed at tbe June term, 1865:
Downer, J.
Tbe pobcy of insurance provides tbat in case of loss “tbe assured shall forthwith give notice of said loss to tbe said company, and as soon after as possible render a partió-*208ular account of such, loss, signed and sworn to by them, stating whether any and what other insurance has been made on the said property, giving copies of the written portions of all policies thereon.” The insured, in his affidavit of the loss, states : “ there were three hundred dollars additional insurance made thereon by the following company, viz: A…
2Cited by4 opinions
- Hart v. Fraternal AllianceWisconsin Supreme Court · 1901
- Storrie v. ShawTexas Supreme Court · 1903
- Stirling v. WagnerWyoming Supreme Court · 1892
- State ex rel. Cressman v. BarnesNebraska Supreme Court · 1884