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RUBY v. FARMERS MUT. AUTOMOBILE INS. CO.

274 Wis. 158 (1956)

RUBY, Appellant, vs. FARMERS MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent.

Supreme Court of Wisconsin.

December 4, 1956.

Attorney(s) appearing for the Case

For the appellant there was a brief by Homer J. Williams, attorney, and Lowry & Hunter of counsel, all of Waukesha, and oral argument by Mr. Williams and Mr. Richard Hunter.

For the respondent there was a brief by Hannan, Johnson & Goldschmidt, attorneys, and Herbert L. Wible of counsel, all of Milwaukee, and oral argument by Mr. Wible.

BROWN, J.

Plaintiff acquired a ring containing one large and two small diamonds and procured a policy from defendant insuring him in the sum of $2,500 against loss through theft. The policy contained the provision:

"Theft.—The word `theft' includes larceny, burglary, and robbery. Mysterious disappearance of any insured property shall be presumed to be due to theft."

Mr. Ruby owned and operated a farm and a dairy business. On May 14, 1952, he...

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