Legal Opinion

Barth v. Enger-Kress Co.

Wisconsin Supreme Court

Decided January 28, 1896PublishedCited by 1 opinion

Appeal from au order of the circuit court for Milwaukee county: D. H. Johnson, Circuit Judge.- On April 14,1894, the petitioner, the Americcm Insurance Company of Boston, executed and delivered to the Enger-Kress Company, a corporation existing under the laws of this state and doing business ip Milwaukee, its. policy of insurance on the property therein described against loss or damage by fire,. not exceeding $1,000. On June 22, 1894, the said Enger-Kress Company made a…

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Appeal from au order of the circuit court for Milwaukee county: D. H. Johnson, Circuit Judge.- On April 14,1894, the petitioner, the Americcm Insurance Company of Boston, executed and delivered to the Enger-Kress Company, a corporation existing under the laws of this state and doing business ip Milwaukee, its. policy of insurance on the property therein described against loss or damage by fire,. not exceeding $1,000. On June 22, 1894, the said Enger-Kress Company made a voluntary assignment to one Winterhalter for the benefit of its creditors. On June 23, 1894, the circuit court, by order in…

1Opinion of the Court

Cassoday, O. J.

The assignment was made June 22,1894. July J, 1894, the property was destroyed by fire. July 14, 1894, the receiver was appointed. The proceedings in the matter of the assignment and the receivership were both in the circuit court. On December 18, 1894, the receiver sued the appellant and sixteen other insurance companies,— all alleged to be interested in the payment of the loss occasioned by such fire, by reason of their respective policies of insurance. Such action on the policy or policies was brought in the superior court of Milwaukee county, and is still pending and…

2Cases cited3 opinions

  1. Garden City Banking & Trust Co v. GeilfussWisconsin Supreme Court · 1893
  2. Powers v. C. H. Hamilton Paper Co.Wisconsin Supreme Court · 1884
  3. Geilfuss v. GatesWisconsin Supreme Court · 1894

3Cited by1 opinion

  1. Luckenbach v. LaerCalifornia Supreme Court · 1923

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