Baker v. Lancashire Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lao County. The proceeding was against the above named insurance company as garnishee, in an action against the Mihills Manufacturing Company. Plaintiff appealed from a judgment against him for $22 costs, rendered on motion of the garnishee. The case will sufficiently appear from the opinion.
1Opinion of the CourtCole, C. J.
The only question in this case is, whether the costs allowed the garnishee should, upon the facts disclosed, he paid out of the fund, or whether the plaintiff should he required to pay them, as adjudged by the court below. The garnishee came in and made full answer, admitting its liability on the policies issued to the Mihills Manufacturing Company. But the garnishee set forth in its answer that the loss on these policies was made payable to certain parties named “as their interest might appear.” Consequently the garnishee was unable to state who was really entitled to the insurance money due…
2Cases cited2 opinions
- Atkinson v. ManksNew York Supreme Court · 1823
- Willetts v. WaiteNew York Supreme Court · 1856
3Cited by3 opinions
- Bragg v. GaynorWisconsin Supreme Court · 1893
- T. T. Haydock Carriage Co. v. PierWisconsin Supreme Court · 1891
- Dowling v. Fire Ass'n of PhiladelphiaWisconsin Supreme Court · 1899