May v. Buckeye Mutual Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bane County. Iu November, 1867, the defendant company issued to the plaintiffs a policy of insurance against fire, upon machinery in their ’“steam power stave factory,” at Wrightsville, in Brown county, in this state.
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APPEAL from the Circuit Court for Bane County. Iu November, 1867, the defendant company issued to the plaintiffs a policy of insurance against fire, upon machinery in their ’“steam power stave factory,” at Wrightsville, in Brown county, in this state. The conditions annexed to the policy, and made a part of the contract, included the following: “I. Applications for insurance must specify the construction and materials of the building to be insured, or containing the property to be .insured; by whom occupied, and whether as a private dwelling, or how otherwise; its situation with respect to…
1Opinion of the CourtPaixe, J.
We shall not attempt to determine'how far a plaintiff in an action on a policy of insurance is bound to introduce proof, in the first instance, of a continued compliance on his part with all the provisions in the policy, in order to avoid a motion for a nonsuit. It has been said by a writer on this subject, who refers to authorities upon the point, that he must,. in the first instance, prove a compliance “with express warranties and conditions precedentP 2 Phillips on Insurance, p. 653. But these companies have adopted the practice of inserting a provision that every thing said by the *303assured,…
2Cases cited5 opinions
- Rowley v. . the Empire Insurance Co.New York Court of Appeals · 1867
- Glendale Woolen Co. v. Protection Insurance Co.Supreme Court of Connecticut · 1851
- Saint Louis Insurance v. KyleSupreme Court of Missouri · 1848
- N. E. Fire & M. Ins. v. SchettlerIllinois Supreme Court · 1865
- Schmidt v. Peoria Marine & Fire InsuranceIllinois Supreme Court · 1866
3Cited by24 opinions
- Redman v. Ætna InsuranceWisconsin Supreme Court · 1880
- Miner v. Phœnix InsuranceWisconsin Supreme Court · 1871
- State Ins. Co. of Des Moines v. TaylorSupreme Court of Colorado · 1890
- Cronkhite v. Travelers InsuranceWisconsin Supreme Court · 1889
- Planters' Insurance v. MyersMississippi Supreme Court · 1877
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