Stutzman v. Cicero Mutual Fire Insurance
Wisconsin Supreme Court
Appeal from a judgment of tbe municipal court of Outa-gamie county: Thomas H. Ryan, Judge. This action was brought to recover upon a mutual fire insurance policy. The company does business in Outagamie county.
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Appeal from a judgment of tbe municipal court of Outa-gamie county: Thomas H. Ryan, Judge. This action was brought to recover upon a mutual fire insurance policy. The company does business in Outagamie county. The policy insured against loss by fire on certain property described therein for a period of five years and was issued in March, 1907. During the fall of 1908 members of the company sustained losses which were adjusted,, and the company, having no funds with which to pay the claims, levied an assessment on the members, and the members, in-eluding tbe plaintiff, were notified thereof,…
1Opinion of the CourtEAiswiN, J.
1. As a justification for not paying the assessment against the respondent, he claims that he had an un-liquidated claim against the appellant' for alleged loss sus-*256tamed several years before by lightning. The claim was denied by the appellant, and under the evidence, if any such claim ever existed, it was trifling in amount, permitted to slumber without action, and was not considered by him after the fire for which he seeks damages in this action, because he tendered the full amount of the assessment against him which remained unpaid at the time of the fire for which he seeks to recover…
2Cases cited11 opinions
- Iowa Life Insurance v. LewisSupreme Court of the United States · 1902
- Klein v. Insurance Co.Supreme Court of the United States · 1881
- Joliffe v. Madison Mutual InsuranceWisconsin Supreme Court · 1875
- Farmers' Mutual Insurance v. KinneyNebraska Supreme Court · 1902
- Betcher v. Capital Fire InsuranceSupreme Court of Minnesota · 1899
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Von Uhl v. Trempealeau County Mutual InsuranceWisconsin Supreme Court · 1966
- Struebing v. American InsuranceWisconsin Supreme Court · 1929
- Hart v. Farmers Mutual Fire & Lightning InsuranceSupreme Court of Iowa · 1929
- Safford, Supt. v. Cleve. Accident Ins. Co.Ohio Court of Appeals · 1930
- Serrallés v. GallardoSupreme Court of Puerto Rico · 1924
5 more not listed; retrieve them via the Exa API.