Hammel v. Queen Insurance Co. of London & Liverpool
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Outagamie County. Action upon a policy of insurance. The complaint alleges: 1. The incorporation of the defendant. 2. That on the 17th of May, 1879, the defendant issued its policy, whereby it insured O. A. Gachnang, Herman Gachnang and John Gach-nang against loss by fire, to the amount of $1,200, on certain described property, for the term of one year from said date; that the said Gachnangs had an insurable interest in the property, as…
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APPEAL from tbe Circuit Court for Outagamie County. Action upon a policy of insurance. The complaint alleges: 1. The incorporation of the defendant. 2. That on the 17th of May, 1879, the defendant issued its policy, whereby it insured O. A. Gachnang, Herman Gachnang and John Gach-nang against loss by fire, to the amount of $1,200, on certain described property, for the term of one year from said date; that the said Gachnangs had an insurable interest in the property, as owners; that the policy, at the time of its delivery, contained a clause as follows: “Loss, if any,payable to Max Goldberg,…
1Opinion of the Court
Byab, O. J.
1. The jurisdiction of equity to reform a'' written instrument, on the ground of mistake, is exclusive. Story’s Eq., §§ 154-157; Follett v. Heath, 15 Wis., 601; Harrison v. Bank, 17 Wis., 340. The counsel for the appellant-referred to two cases in this court—Parker v. Ins. Co., 34 Wis., 363, and Roberts v. Ins. Co., 41 Wis., 327—in support' of the position that courts of law now possess concurrent jurisdiction. But neither of these cases, nor, so far as is known, any others, support him. And it is hardly necessary to remark that such a rule would open the door wide for parol…
2Cases cited11 opinions
- Grosvenor v. . the Atlantic Fire Insurance Co. of BrooklynNew York Court of Appeals · 1858
- Cone v. . Niagara Fire Insurance CompanyNew York Court of Appeals · 1875
- Du Pont v. DavisWisconsin Supreme Court · 1874
- Appleton Iron Co. v. British America Assurance Co.Wisconsin Supreme Court · 1879
- Northwestern Mutual Life Insurance v. Germania Fire InsuranceWisconsin Supreme Court · 1876
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Palmer Savings Bank v. Insurance Co. of North AmericaMassachusetts Supreme Judicial Court · 1896
- Chandos v. American Fire InsuranceWisconsin Supreme Court · 1893
- Fire Insurance Companies v. FelrathSupreme Court of Alabama · 1884
- Franklin Insurance v. WolffIndiana Court of Appeals · 1899
- Fred Miller Brewing Co. v. Capital InsuranceSupreme Court of Iowa · 1900
14 more not listed; retrieve them via the Exa API.