Hill v. American Surety Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: La whence W. Halsey, Circuit Judge. After the decision of this case which is reported in 107 Wis. 19, a further hearing was had in the circuit court, in which the plaintiff added to his former evidence the testimony of a certain insurance agent, who testified to the obtaining of insurance by assignees and receivers during tbe years 1893 and 1894 to a considerable number; also that of four men who had been…
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Appeal from a judgment of the circuit court for Milwaukee county: La whence W. Halsey, Circuit Judge. After the decision of this case which is reported in 107 Wis. 19, a further hearing was had in the circuit court, in which the plaintiff added to his former evidence the testimony of a certain insurance agent, who testified to the obtaining of insurance by assignees and receivers during tbe years 1893 and 1894 to a considerable number; also that of four men who had been assignees in one or more assignments in Milwaukee during the same period, and who had themselves obtained insurance. The…
1Opinion of the CourtDodge, J.
On the former appeal to this court all issues but one were decided, and the decision, right or wrong, must control the present aspect of the case. It is res adju-dicata. Upon that hearing it was decided that the duty of Winterhalter as assignee included due diligence to procure insurance; that he had made no efforts whatever so to do, and was guilty of negligence; and that the circumstances were such that in all reasonable probability due diligence on his part would have been effective to have obtained insurance sufficient at least to have protected the unpaid amounts due creditors,— some…
2Cases cited5 opinions
- Wilson v. NoonanWisconsin Supreme Court · 1874
- Remington v. Eastern Railway Co. of MinnesotaWisconsin Supreme Court · 1901
- Duncan v. DuncanWisconsin Supreme Court · 1901
- Mead v. WalkerWisconsin Supreme Court · 1866
- Wyss v. GrunertWisconsin Supreme Court · 1900
3Cited by14 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- McGovern v. EckhartWisconsin Supreme Court · 1929
- Neacy v. Board of SupervisorsWisconsin Supreme Court · 1910
- State v. TimmWisconsin Supreme Court · 1943
- Deree v. Reliable Tool & MacHine, Inc.Wisconsin Supreme Court · 1947
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