Bingham v. Insurance Co. of North America
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebatgo County. The following statement of the case was prepared by Mr. Justice Cassoday: This action is to recover damages for loss under a policy of insurance issued by the defendant to the firm composed of the plaintiffs, upon the buildings and personal property therein described, in the aggregate sum of $2,500, for the period of one year, commencing March 17, 1887, and ending March 17, 1888. The property was destroyed by fire…
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APPEAL from the Circuit Court for Winnebatgo County. The following statement of the case was prepared by Mr. Justice Cassoday: This action is to recover damages for loss under a policy of insurance issued by the defendant to the firm composed of the plaintiffs, upon the buildings and personal property therein described, in the aggregate sum of $2,500, for the period of one year, commencing March 17, 1887, and ending March 17, 1888. The property was destroyed by fire September 17, 1887. The policy contained the following clause: “The policy may also be at any time canceled by the company, on…
1Opinion of the CourtCassoday, J.
Under the clause of the policy contained in the foregoing statement, the defendant was at liberty at any time before the loss to cancel the policy, on refunding or tendering to the plaintiffs or their agent or representative a ratable proportion of the premium for the time unexpired. It is conceded, in effect, that the property insured was located at Ironwood, Mich., where the plaintiffs resided; that the plaintiffs procured the policy through th.e defendant’s agent Dickinson, located at Now London, Wis., some 200 miles distant from Ironwood; that the plaintiff Perrin had formerly been the…
2Cases cited4 opinions
- Stone v. Franklin Fire Insurance Co. of BostonNew York Court of Appeals · 1887
- Hillock v. Traders InsuranceMichigan Supreme Court · 1884
- Brown v. EverhardWisconsin Supreme Court · 1881
- Walters v. St. Joseph Fire & Marine InsuranceWisconsin Supreme Court · 1876
3Cited by10 opinions
- Austin Fire Ins. Co. v. PolemanakosTexas Commission of Appeals · 1919
- Parsons v. Northwestern National Ins.Supreme Court of Iowa · 1907
- Montgomery v. American Central InsuranceWisconsin Supreme Court · 1900
- Moss v. WinstonSupreme Court of Alabama · 1928
- Wicks Bros. v. Scottish Union & National InsuranceWisconsin Supreme Court · 1900
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