Bobczyk v. Integrity Mut. Ins. Co. of Appleton

CourtUnited States State Supreme Court of Wisconsin
Writing for the CourtWICKHEM
Citation239 Wis. 196,300 N.W. 909
Decision Date02 December 1941
PartiesBOBCZYK v. INTEGRITY MUT. INS. CO. OF APPLETON.

239 Wis. 196
300 N.W. 909

BOBCZYK
v.
INTEGRITY MUT.
INS. CO. OF APPLETON.

Supreme Court of Wisconsin.

Dec. 2, 1941.


Appeal from a Judgment of the Circuit Court for Clark County; Emery W. Crosby, Judge.

Affirmed.

Action by Stanley Bobczyk, plaintiff, brought in August, 1939, against Integrity Mutual Insurance Company, defendant, to recover for a fire loss upon a policy of fire insurance issued by defendant.

The complaint was in the usual form. The answer admitted the insurance and the occurrence of the fire and set up the following defenses:

(1) False representations by plaintiff material to the risk and made in the written application for insurance.

(2) Increase of the hazard by operating an incubator in plaintiff's dwelling house.

(3) Premature commencement of the action prior to filing proofs of loss.

The action was tried to a court and jury and a special verdict rendered. The jury found that the plaintiff did not prior to the issuance of the policy state to defendant's agent:

(1) That he had never had any loss by fire;

(2) That he had never had a policy of insurance cancelled by any insurance company;

(3) That he had never had a loss by fire. That the plaintiff after the fire did not state in the presence of defendant's agent that the fire was probably caused by an incubator and that a sewing machine standing in his yard in a damaged condition was removed from the house during the fire.

Upon motions after verdict the court filed the following decision:

“The Court, at the time of the trial was clearly of the opinion that plaintiff and several of his witnesses had committed the crime of perjury in testifying in this case; that there was conspiracy to defraud the insurance company; that it was so crudely performed and consummated that it would be a travesty on justice to allow a verdict for any amount to stand against the defendant company in this case. At the close of the trial the court gave instructions and so notified the parties that prosecution for the crime of perjury would be had against two witnesses in this case. What steps will be taken by the district attorney. upon his investigation of the Court's recommendation, this court is unable to say. The Court realizes these people are poor and that they do not fully appreciate and understand the English language, that they have sufficient intelligence to plan and execute plans to defraud this insurance company.”

Judgment was ordered for defendants notwithstanding the verdict. Upon the judgment so entered on January 30, 1941 plaintiff appeals.

[300 N.W. 910]

Herman Leicht, of Medford, for appellant.

Edward J. Byrne, of Appleton (Robert L. Spanagel, of Appleton, of counsel), for respondent.


WICKHEM, Justice.

[1] There...

To continue reading

Request your trial
6 practice notes
  • Bastian v. LeRoy
    • United States
    • United States State Supreme Court of Wisconsin
    • June 28, 1963
    ...Frederick, supra; Estate of Niemczyk, supra; Dunn v. Dunn (1951), 258 Wis. 188, 45 N.W.2d 727; Bobczyk v. Integrity Mut. Ins. Co. (1941), 239 Wis. 196, 300 N.W. 7 Aetna Casualty & Surety Co. v. Lauerman (1961), 12 Wis.2d 387, 107 N.W.2d 605; Klatt v. Helming (1946), 248 Wis. 139, 21 N.W.2d ......
  • Jessen v. State
    • United States
    • United States State Supreme Court of Wisconsin
    • April 1, 1980
    ...495. On an application for a writ of error coram nobis the merits of the original controversy are not in issue. State v. Dingman, supra, 239 Wis. at 196, 300 N.W. Page 689 Since this case was not appealed from an order denying a petition for a writ of error coram nobis and the court of appe......
  • Elkhorn Prod. Credit Ass'n v. Johnson
    • United States
    • United States State Supreme Court of Wisconsin
    • October 14, 1947
    ...as appellant contends, upon such matters of fact as are stated in the court's findings. Bobczyk v. Integrity Mutual Ins. Co. of Appleton, 239 Wis. 196, 199, 300 N.W. 909;A. J. Straus Paying Agency v. Terminal Warehouse Co., 220 Wis. 85, 90, 264 N.W. 249. However, that rule is not applicable......
  • Reburg v. Lang
    • United States
    • United States State Supreme Court of Wisconsin
    • January 13, 1942
    ...202 Wis. 271, 276, 232 N.W. 525;Parke, Austin & Lipscomb v. Sexauer, 204 Wis. 415, 235 N.W. 785;Bobczyk v. Integrity Mutual Ins. Co., 239 Wis. 196, 300 N.W. 909, decided December 2, 1941. Appellant in the action which he brought against his employer recovered a judgment, but the record nowh......
  • Request a trial to view additional results
6 cases
  • Bastian v. LeRoy
    • United States
    • United States State Supreme Court of Wisconsin
    • June 28, 1963
    ...Frederick, supra; Estate of Niemczyk, supra; Dunn v. Dunn (1951), 258 Wis. 188, 45 N.W.2d 727; Bobczyk v. Integrity Mut. Ins. Co. (1941), 239 Wis. 196, 300 N.W. 7 Aetna Casualty & Surety Co. v. Lauerman (1961), 12 Wis.2d 387, 107 N.W.2d 605; Klatt v. Helming (1946), 248 Wis. 139, 21 N.W.2d ......
  • Jessen v. State
    • United States
    • United States State Supreme Court of Wisconsin
    • April 1, 1980
    ...495. On an application for a writ of error coram nobis the merits of the original controversy are not in issue. State v. Dingman, supra, 239 Wis. at 196, 300 N.W. Page 689 Since this case was not appealed from an order denying a petition for a writ of error coram nobis and the court of appe......
  • Elkhorn Prod. Credit Ass'n v. Johnson
    • United States
    • United States State Supreme Court of Wisconsin
    • October 14, 1947
    ...as appellant contends, upon such matters of fact as are stated in the court's findings. Bobczyk v. Integrity Mutual Ins. Co. of Appleton, 239 Wis. 196, 199, 300 N.W. 909;A. J. Straus Paying Agency v. Terminal Warehouse Co., 220 Wis. 85, 90, 264 N.W. 249. However, that rule is not applicable......
  • Reburg v. Lang
    • United States
    • United States State Supreme Court of Wisconsin
    • January 13, 1942
    ...202 Wis. 271, 276, 232 N.W. 525;Parke, Austin & Lipscomb v. Sexauer, 204 Wis. 415, 235 N.W. 785;Bobczyk v. Integrity Mutual Ins. Co., 239 Wis. 196, 300 N.W. 909, decided December 2, 1941. Appellant in the action which he brought against his employer recovered a judgment, but the record nowh......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT