95 Wis. 312 | Wis. | 1897
The distinction between a warranty and a representation is familiar, and is stated in Blumer v. Phœnix Ins. Co. 45 Wis. 622; Baumgart v. Modern Woodmen, 85 Wis. 546. A warranty, it is held, “ need not be material to the risk, for, whether material or not, its falsity or untruthfulness will ■bar the assured of any recovery on the contract, because the warranty itself is an implied stipulation that the thing war
Statutory provisions on the subject of privileged information thus acquired exist in very many, if not a majority, of
By the Gourt.— The judgment of the circuit court is reversed, and the cause is remanded for a new trial.
The difficulty of construction which Mr. Justice PinNey mentions does not appear until it is attempted to put upon the statute a meaning not found in its words. No person will assert that the words of sec. 4075, R. S., in their natural and grammatical sense, import what the majority of the court hold that the legislature intended to declare. The court have put into the statute a thought not found there. Something has been added which the words do not express, and which the legislature has not declared. The words “allowed” and “compelled” are not equivalents, but are words of radically different force and meaning. Ordinarily, the plain grammatical sense and meaning of the words of the statute is to be deemed the law de-