Dewey v. Davis
Wisconsin Supreme Court
APPEALS from the Circuit Court for Winnebago County. This proceeding grows out of the insolvency of the Oshkosh Mutual Eire Insurance Company, and an action in the circuit court to wind up its affairs, in which action the defendant, Davis, was appointed receiver of the insolvent company.
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APPEALS from the Circuit Court for Winnebago County. This proceeding grows out of the insolvency of the Oshkosh Mutual Eire Insurance Company, and an action in the circuit court to wind up its affairs, in which action the defendant, Davis, was appointed receiver of the insolvent company. The history of that company is sufficiently stated in an opinion, filed herewith, in several appeals from judgments in actions brought by the receiver to recover an assessment upon the premium and deposit notes which came to the hands of the receiver. Ante, p. 488. It is unnecessary to repeat that history…
1Opinion of the Court
LyoN, 0. J.
In the actions by the receiver to recover the forty per cent, assessment on the premium notes which came to his hands, we hold that the Oshkosh Mutual Fire Insurance Company' is what its name imports, a mutual insurance company, and nothing else, and hence that each policy holder in the company is a member thereof and subject to all the incidents which result from such membership, whether the premium be paid in cash or a premium note given therefor. Such being the relation of the policy holders to the company and to each other, it is entirely clear that each member is bound by the…
2Cases cited4 opinions
- Commonwealth v. Massachusetts Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1873
- Commonwealth v. Massachusetts Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1875
- Sinnissippi Insurance v. TaftIndiana Supreme Court · 1866
- State ex rel. Attorney General v. Manufacturer's Mutual Fire InsuranceSupreme Court of Missouri · 1886
3Cited by10 opinions
- Boyd v. Mutual Fire Ass'nWisconsin Supreme Court · 1903
- Davis v. ShearerWisconsin Supreme Court · 1895
- Hill v. BakerMassachusetts Supreme Judicial Court · 1910
- Detroit Manufacturers' Mutual Fire Insurance v. MerrillMichigan Supreme Court · 1894
- In re Liquidation of Inter-State Inter-Insurance & Inter-State ExchangeWisconsin Supreme Court · 1933
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