Blake Opera-House Co. v. Home Ins. Co.
| Decision Date | 12 March 1889 |
| Citation | 73 Wis. 667,41 N.W. 968 |
| Parties | BLAKE OPERA-HOUSE CO. ET AL. v. HOME INS. CO. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from circuit court, Rock county.
The complaint is upon a policy of insurance issued by the defendant to the plaintiff company, with the loss payable to the plaintiff Lucius S. Blake, as his interest might appear. The answer, among other things, alleged as a counter-claim, in effect, that the contract was wholly between the defendant and Blake, who paid the premium, and was to insure his interest as a stockholder of the company, and that the policy should have run to him accordingly, but that by mistake it was issued as stated, and by reason of such mistake a reformation of the policy was prayed. The plaintiffs replied to such counterclaim. The cause was tried by the court, and the testimony taken was voluminous. At the close of the trial of the equitable cause of action alleged in the counter-claim, the court found as matters of fact, in effect, that at the times mentioned Blake was a large stockholder of the company; that the company owed him $700, and he was liable as indorser on its paper to the amount of $30,000; that February 6, 1884, the defendant, in consideration of $30 to be paid, made and delivered to the company its policy, whereby it insured the company against loss or damage by fire for the period of one year in the sum of $1,000, payable as stated; that said Blake did not apply to the defendant's agent for such insurance to him as such stockholder, nor represent to such agent that he was such stockholder, nor request insurance to protect him as such; that Blake at the time, in fact, owned one-fourth of the stock, and the same was known to such agent; that the company had at the time other insurance to the amount of $48,000 in various companies; that as he was a director of the company, and was about to go out of the state, he applied to the defendant's agent for additional insurance on the company's real and personal property in the amount of the policy as stated in the complaint, with “the loss, if any, by request of assured, payable to L. S. Blake;” that it had previously been agreed by the directors of the company that any of them might take out such additional insurance upon the property of the company, payable to himself, by paying the premium, as the company had no money to pay the same; that Blake took said insurance, and paid for the same, in pursuance of such agreement; that the contract was in fact between the defendant and the...
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