Bank of River Falls v. German American Insurance Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Pierce County. Action upon a contract by the terms of which the defendant insured the plaintiff’s assignor, one Frank Bossell, against loss or damage to his hotel building by fire, to the amount of $1,800, for the term of one year from September 10, 1886. The allegations of the complaint are sufficiently stated in the opinion.
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APPEAL from the Circuit Court for Pierce County. Action upon a contract by the terms of which the defendant insured the plaintiff’s assignor, one Frank Bossell, against loss or damage to his hotel building by fire, to the amount of $1,800, for the term of one year from September 10, 1886. The allegations of the complaint are sufficiently stated in the opinion. The defendant demurred thereto on the ground, among others, that it did not state facts sufficient to constitute a cause of action; and appealed from an order overruling the demurrer.
1Opinion of the CourtCassoday, J.
1. It is claimed that the complaint fails to show that any premium was ever paid or agreed to be paid for the policy, and hence that there is no sufficient consideration alleged to support the contract. It is alleged “that on said day the defendant, for a valuable consideration, entered into a contract of insurance with the said Rossell, by the terms of which contract said defendant insured said Rossell for the term of one year from said date, against loss or damage to said property by fire, to the amount of $1,800.” From this it appears that the contract alleged was based upon “a valuable…
2Cases cited5 opinions
- Redman v. Ætna InsuranceWisconsin Supreme Court · 1880
- McKnight v. . DunlopNew York Court of Appeals · 1851
- Amson v. DreherWisconsin Supreme Court · 1874
- Mason v. H. Whitbeck Co.Wisconsin Supreme Court · 1874
- Boardman v. Westchester Fire InsuranceWisconsin Supreme Court · 1882
3Cited by9 opinions
- Larson v. First National Bank of PenderNebraska Supreme Court · 1902
- Benedix v. German Insurance of FreeportWisconsin Supreme Court · 1890
- Peters v. Peters Auto Sales, Inc.Wisconsin Supreme Court · 1967
- Eiche v. WallrabensteinWisconsin Supreme Court · 1934
- Badger Telephone Co. v. Wolf River Telephone Co.Wisconsin Supreme Court · 1904
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