Dowling v. Lancashire Insurance
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eau 'Claire county: "W. F. Bailey, Circuit Judge. Garnishment. So far as necessary to understand the questions passed upon by the court,the facts are as follows: One Thomas Dowling wras the owner of certain saloon fixtures and stock in trade in Eau Claire, and insured the same against loss by fire in the appellant companies, to the aggregate amount of $2,500. The .property was destroyed by fire, December 9,1893. Dowling was…
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Appeal from a judgment of the circuit court for Eau 'Claire county: "W. F. Bailey, Circuit Judge. Garnishment. So far as necessary to understand the questions passed upon by the court,the facts are as follows: One Thomas Dowling wras the owner of certain saloon fixtures and stock in trade in Eau Claire, and insured the same against loss by fire in the appellant companies, to the aggregate amount of $2,500. The .property was destroyed by fire, December 9,1893. Dowling was indebted to the plaintiff, AnnDotoling, at the time of the fire, in the sum of about $300. Three days after the fire, and…
1Opinion of the CourtWiNsuow, J.
It has been repeatedly held by this court that a debt, in order to be subject to garnishment, must be owing absolutely at the time of the service of process, although it may be payable subsequently. Edwards v. Roepke, 14 Wis. 575, and cases there cited. Where the question whether there will be any indebtedness or not depends entirely upon future contingencies, the garnishee cannot be held. Vollmer v. C. & N. W. R. Co. 86 Wis. 305. In this case it is clear that there was no absolute liability on the part of the insurance companies at the time of the service of process. A liability might arise…
2Cases cited6 opinions
- Godfrey v. MacomberMassachusetts Supreme Judicial Court · 1880
- Thorp v. PrestonMichigan Supreme Court · 1880
- Gies v. Bechtner & KottmanSupreme Court of Minnesota · 1867
- Hurst, Purnell & Co. v. Home Protection Fire InsuranceSupreme Court of Alabama · 1886
- Vollmer v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Lehmann v. FarwellWisconsin Supreme Court · 1897
- Tally v. BrownSupreme Court of Iowa · 1910
- Grant County Service Bureau, Inc. v. TreweekWisconsin Supreme Court · 1963
- Hometown Bank v. Acuity InsuranceCourt of Appeals of Wisconsin · 2008
- Bardon v. McCallWisconsin Supreme Court · 1900
3 more not listed; retrieve them via the Exa API.