Oshkosh Match Works v. Manchester Fire Assurance Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for .'Winnebago county: N. S. G-ilsoN, Judge. Action on a policy of fire insurance issued by tbe defendant to tbe plaintiff, to recover tbe value of 1,247 cases of matches, alleged to have been totally destroyed by fire; and $135.75 for injury caused by tbe same fire to 908 other cases of matches, all insured by the defendant in tbe amount of $1,500, except as in tbe policy provided, which contained tbe provisions of tbe “ standard…
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Appeal from a judgment of tbe circuit court for .'Winnebago county: N. S. G-ilsoN, Judge. Action on a policy of fire insurance issued by tbe defendant to tbe plaintiff, to recover tbe value of 1,247 cases of matches, alleged to have been totally destroyed by fire; and $135.75 for injury caused by tbe same fire to 908 other cases of matches, all insured by the defendant in tbe amount of $1,500, except as in tbe policy provided, which contained tbe provisions of tbe “ standard fire insurance policy,” so-called, under tbe act of 1891 (cb. 195). Tbe defense was that tbe plaintiff bad not…
1Opinion of the CourtPiNNey, J.
1. Under tbe conceded facts in this case, we-think that it is impossible to sustain or justify tbe direction of a verdict for tbe plaintiff. It is beyond dispute that there-bas been a breach of tbe conditions of tbe policy upon which tbe action is founded. Tbe assured did not, as it agreed it. would, after the fire, “forthwith separate tbe damaged and. *515undamaged personal property, put it in the best possible order, make a complete inventory of the same,” and did not, “ when required, exhibit to the defendant’s adjuster all that remained of the property ” described in the policy. On the…
2Cases cited7 opinions
- Hankins v. Rockford Insurance Co.Wisconsin Supreme Court · 1887
- Bourgeois v. Northwestern National InsuranceWisconsin Supreme Court · 1893
- Carey v. German American InsuranceWisconsin Supreme Court · 1893
- Bourgeois v. Mutual Fire InsuranceWisconsin Supreme Court · 1893
- Knudson v. Hekla Fire InsuranceWisconsin Supreme Court · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Meyer v. National Fire InsuranceNorth Dakota Supreme Court · 1936
- Gipps Brewing Corp. v. Central Manufacturers' Mut. Ins.Court of Appeals for the Seventh Circuit · 1945
- Hart v. Fraternal AllianceWisconsin Supreme Court · 1901
- NEW YORK UNDERWRITERS'FIRE INS. CO. v. Malham & Co.Court of Appeals for the Eighth Circuit · 1928
- Farmers Mercantile Co. v. Farmers Ins.Supreme Court of Iowa · 1913
13 more not listed; retrieve them via the Exa API.