Commercial Bank of Milwaukee v. Firemen's Insurance Co.
Wisconsin Supreme Court
APPEAL from the Superior Court of Milwaukee County. The defendant is a fire insurance company. On January 26, 1891, it issued a policy of insurance to the Island Sash & Door Company, on its factory, and stock in its dry kilns and warehouse, and lumber in the yard, for the amount of $1,000. On the 7th day of June, 1891, a loss occurred. On the 18th day of June, 1891, the loss was adjusted at $691.8S, which sum the defendant promised to pay.
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APPEAL from the Superior Court of Milwaukee County. The defendant is a fire insurance company. On January 26, 1891, it issued a policy of insurance to the Island Sash & Door Company, on its factory, and stock in its dry kilns and warehouse, and lumber in the yard, for the amount of $1,000. On the 7th day of June, 1891, a loss occurred. On the 18th day of June, 1891, the loss was adjusted at $691.8S, which sum the defendant promised to pay. After-wards, the Island Sash & Door Company sold the claim to the plaintiff. The action is on the adjustment to recover the sum agreed upon. The defense is…
1Opinion of the CourtNewman, J.
The litigated question was whether, by the alteration of the books of the Island Sash & Door Company, the defendant was defrauded. The alteration was not denied, nor that the books as altered were presented to the adjusters as representing with substantial correctness the true condition of the business of the insured at the time of the loss. The case was tried on the part of the defendant, and submitted to the jury by the court, upon the theory that the alteration of the books, if from a.bad motive, was *301a complete defense against the action on the settlement, without regard to the question…
2Cases cited3 opinions
- Kircher v. Milwaukee Mechanics' Mutual InsuranceWisconsin Supreme Court · 1889
- Wakefield v. Orient Insurance Co. of HartfordWisconsin Supreme Court · 1880
- Anderson v. WeheWisconsin Supreme Court · 1885
3Cited by14 opinions
- Beyer v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1901
- F. Dohmen Co. v. Niagara Fire InsuranceWisconsin Supreme Court · 1897
- Western Union Telegraph Co. v. FergusonIndiana Supreme Court · 1901
- Yerkes v. Northern Pacific Railway Co.Wisconsin Supreme Court · 1901
- Meyer v. Home Insurance Co.Wisconsin Supreme Court · 1906
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