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STEBANE NASH CO. v. CAMPBELLSPORT MUT. INS. CO.

27 Wis.2d 112 (1965)

STEBANE NASH COMPANY, Respondent, v. CAMPBELLSPORT MUTUAL INSURANCE COMPANY and others, Appellants.

Supreme Court of Wisconsin.

March 30, 1965.

Attorney(s) appearing for the Case

For the appellants there were briefs by Benton, Bosser, Fulton, Menn & Nehs of Appleton, for the Campbellsport Mutual Insurance Company and Equity Town Mutual Insurance Company, and by Bradford & Gabert of Appleton, for the American Mutual Fire Insurance Company, attorneys, and Peter S. Nelson of Appleton of counsel, and oral argument by Mr. Nelson and Mr. Stanley R. Gabert.

For the respondent there was a brief by Don R. Herrling of Appleton, attorney, and Henry P. Hughes of Oshkosh of counsel, and oral argument by Mr. Herrling.

BEILFUSS, J.

The defendants raise several issues upon appeal. We will first consider their contention that there is no proof of damage as to any insurable interest possessed by the plaintiff corporation.

It is clear that the plaintiff corporation did not and does not own the real estate, including the garage building destroyed in the fire. It is also without dispute that the real estate was owned by the four Stebane brothers individually, and that they had...

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