Johnston v. Charles Abresch Co.
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: J. C. Ludwig, Judge. Tbis is the same action considered on a former appeal (109 Wis. 182, 85 N. W. 348), where the facts are stated.
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Appeal from a judgment of the superior court of Milwaukee county: J. C. Ludwig, Judge. Tbis is the same action considered on a former appeal (109 Wis. 182, 85 N. W. 348), where the facts are stated. After its return to the circuit court, plaintiff was allowed to amend the complaint by alleging that, by the terms of the policies of insurance and of the notice given by plaintiff after the loss, plaintiff adopted and sanctioned the contracts of insurance, and defendant was from that time bound to take such steps as might be necessary to collect from the several insurance companies her loss; that…
1Opinion of the CourtSiebecKee, J.
On tbe former appeal of this case it was held as to tbe cause of action tbat “tbe facts stated in tbe complaint show tbat this is an action for money bad and re-ceivedand tbe court determined, upon tbe pleadings and evidence then before it, tbat, “upon this basis, when tbe plaintiff proved tbat no claim for tbe value of tbe property was made to or adjrrsted by tbe insurance companies, her cause of action entirely failed, and tbe motion for a nonsuit ought to have been granted.” It is manifest from tbe opinion that' this was tbe only question considered and passed upon by tbe court. After tbe…
2Cases cited13 opinions
- Home Insurance v. Baltimore Warehouse Co.Supreme Court of the United States · 1876
- Waring v. . the Indemnity Fire Ins. Co.New York Court of Appeals · 1871
- Stillwell v. . StaplesNew York Court of Appeals · 1859
- Bassett v. HughesWisconsin Supreme Court · 1877
- Minneapolis, St. Paul & Sault Ste. Marie Ry. Co. v. Home Ins.Supreme Court of Minnesota · 1893
8 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Farney v. HauserSupreme Court of Kansas · 1921
- United States Gypsum Co. v. GleasonWisconsin Supreme Court · 1908
- Cumis Insurance Society, Inc. v. Republic National Bank of DallasCourt of Appeals of Texas · 1972
- Suciu v. AMFAC Distributing Corp.Court of Appeals of Arizona · 1983
- R. Connor Co. v. Ætna Indemnity Co.Wisconsin Supreme Court · 1908
23 more not listed; retrieve them via the Exa API.