Bailey v. Ætna Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Action upon a policy of insurance against fire. The facts will sufficiently appear from the opinion. The defendant insurance company appeals from an order overruling its general demurrer to the complaint. They contended, inter alia, that after loss an action upon an insurance policy should be at law, but these plaintiffs have sued in equity. The nature of the action must be determined by the prayer for relief.
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APPEAL from the Circuit Court for Winnebago County. Action upon a policy of insurance against fire. The facts will sufficiently appear from the opinion. The defendant insurance company appeals from an order overruling its general demurrer to the complaint. They contended, inter alia, that after loss an action upon an insurance policy should be at law, but these plaintiffs have sued in equity. The nature of the action must be determined by the prayer for relief. Oillett v. Tregcmza, 13 Wis. P76; Oobb v. Smith, 23 id. 265; Kewaxmee Oo. v. Decker, 30 id. 624; Lowber p. Oonnit, 36 id. 182.
1Opinion of the CourtCole, C. J.
It seems to us that there is no room to ■doubt as to the nature of this action. The complaint is clearly to recover the amount due on a policy of insurance. It states what property was insured hy the defendant company, the amount of the insurance, the destruction of the insured property hy fire, the furnishing of proofs of loss, and demands judgment against the company for the amount of the loss, viz., the specified sum of $928, with interest. It is a plain, ordinary action at 'law upon a contract of insurance. It is true the complaint not only demands judgment for the sum just stated, but…
2Cases cited3 opinions
- Canfield v. Watertown Fire InsuranceWisconsin Supreme Court · 1882
- Phœnix Insurance Co. v. BadgerWisconsin Supreme Court · 1881
- Oakwood Retreat Ass'n v. RathborneWisconsin Supreme Court · 1886
3Cited by4 opinions
- Kahn v. Traders InsuranceWyoming Supreme Court · 1893
- Vangindertaelen v. Phenix InsuranceWisconsin Supreme Court · 1892
- Kearney v. Washtenaw Mutual Fire-InsuranceMichigan Supreme Court · 1901
- Denton v. Farmers' Mutual Fire InsuranceMichigan Supreme Court · 1899