Brehm v. United States Fidelity & Guaranty Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Sheboy-.gan county: Michael Kirwan, Circuit Judge. This action was commenced February 13, 1902, to recover $10,469.56 upon a guardian’s bond given by the defendant Otto Brehm as principal, and the defendant guaranty'company as surety, January 5, 1899. The execution of the bond and. liability to a certain amount are admitted, but it is .•claimed that the amount of the recovery is excessive.
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Appeal from a judgment of the circuit court for Sheboy-.gan county: Michael Kirwan, Circuit Judge. This action was commenced February 13, 1902, to recover $10,469.56 upon a guardian’s bond given by the defendant Otto Brehm as principal, and the defendant guaranty'company as surety, January 5, 1899. The execution of the bond and. liability to a certain amount are admitted, but it is .•claimed that the amount of the recovery is excessive. Issue being joined and trial bad, at tbe close of tbe trial tbe court found as matters of fact, in effect: (1) That September 29, 1896, tbe defendant Otto…
1Opinion of the Court
*346The following opinion was filed January 10, 1905:
Cassoday, C. J.
1. This case must turn upon the construction and effect of the bond of January 5, 1899, upon which this action is based. The conditions of the bond are given in full in the foregoing statement. At the time of giving the bond the statute required the guardian of an incompetent person to give bond in like manner and with like condition as prescribed with respect to the guardian of a minor, with one exception not relevant here. Sec. 3981, Stats. 1898. The reference therein is to the section which declares that, “before appointing…
2Cases cited7 opinions
- Choate v. ArringtonMassachusetts Supreme Judicial Court · 1875
- Hutson v. JensonWisconsin Supreme Court · 1901
- Holden v. CurryWisconsin Supreme Court · 1893
- Rice v. WilsonMichigan Supreme Court · 1902
- Richter v. Estate of LeibyWisconsin Supreme Court · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Lawrence v. American Surety Co.Michigan Supreme Court · 1933
- Aetna Accident & Liability Co. v. LangleySupreme Court of Oklahoma · 1918
- Bookhart v. YoungloveSupreme Court of Iowa · 1928
- Great American Indemnity Co. v. JeffriesCourt of Appeals of Georgia · 1941
- Luce v. Fidelity & Casualty Co. of New YorkWisconsin Supreme Court · 1936
1 more not listed; retrieve them via the Exa API.