Sturm v. Duel

We shall take up consideration of the questions for decision in the order in which they are presented in briefs of counsel.

The first contention made is that the assessment is unlawful because it is horizontal. This contention is based upon the decision in Davis v. Parcher & J. & A. Stewart Co. (1892) 82 Wis. 488, 498, 52 N. W. 771. That was an insolvency and winding-up action of a mutual insurance company. The company had issued policies. In some instances the policyholders paid a cash premium, in other instances, policyholders signed a so-called premium note, some of which at the time of the…