Komula v. General Accident, Fire & Life Assurance Corp.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Waukesha county: Martin- L. Lueck, Circuit Judge. The John Komula Company is a firm consisting of John Komula, his sons and sons-in-law, and is engaged in the business of logging. The firm purchased a tract of timber in November, 1912, and in September, 1913, they requested Morner, from whom they purchased the timber, to take out a policy of workmen’s compensation insurance for them.
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Appeal from a judgment of the circuit court for Waukesha county: Martin- L. Lueck, Circuit Judge. The John Komula Company is a firm consisting of John Komula, his sons and sons-in-law, and is engaged in the business of logging. The firm purchased a tract of timber in November, 1912, and in September, 1913, they requested Morner, from whom they purchased the timber, to take out a policy of workmen’s compensation insurance for them. Mor-ner made such application to the agent of the defendant company at Phillips.- Morner testified that he gave the name of the insured as John Komula Company.…
1Opinion of the CourtRosenberry, J.
It is contended (1) that a court of equity cannot modify a contract so as to work a. substitution of *523parties; (2) that plaintiffs are estopped by the retention of the contract an unreasonable length of time without objection ; (3) that the findings are not supported by the evidence; (4) that Stewart was not an employee within the meaning of the Compensation Act, but was an independent contractor; (5) that plaintiffs at most can recover' only the amount paid in cash, $832.73.
1. It is. urged that a court of equity cannot reform a contract so as to work a substitution of parties. Under the facts…
2Cases cited1 opinion
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
3Cited by16 opinions
- Taylor v. Blackwell Lumber Co.Idaho Supreme Court · 1923
- Journal Co. v. General Accident, Fire & Life Assurance Corp.Wisconsin Supreme Court · 1925
- Green Valley Co-Operative Dairy Co. v. Industrial CommissionWisconsin Supreme Court · 1947
- Berry v. Continental Life InsuranceMissouri Court of Appeals · 1931
- Black Ex Rel. Black v. IsaakIdaho Supreme Court · 1938
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