Kennan v. Rundle
Wisconsin Supreme Court
APPEAL from the Superior Court of Milwcmkee County. Action upon a bond executed by policy-holders of a mutual insurance company for the purpose of establishing a guaranty fund. The facts are stated in the opinion. The defendants appeal from an order overruling a demurrer to the complaint. argued, among other things, that the insurance company had no power to create or accept the fund established by the bond in suit.
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APPEAL from the Superior Court of Milwcmkee County. Action upon a bond executed by policy-holders of a mutual insurance company for the purpose of establishing a guaranty fund. The facts are stated in the opinion. The defendants appeal from an order overruling a demurrer to the complaint. argued, among other things, that the insurance company had no power to create or accept the fund established by the bond in suit. The statute (secs. 1909-1915, E. S.) expressly provides how such a fund may be created, what it is, and how it may be used. But the fund in question was not created under or in…
1Opinion of the CourtObtoN, J.
The Manufacturers’ Mutual Fire Insurance Company of Milwaukee was organized under secs. 1941®-1941y, S. & B. Ann. Stats., and continued in business until November 5, 1890, when it became embarrassed, and suit was brought under "secs. 3218, 3219, R. S., to close up its *219affairs; and the' plaintiff was appointed the receiver thereof, and authorized to bring suit to enforce the collection of the outstanding credits of the company.
The complaint states “ that on or prior to the 5th day of October, 1889, the condition of tlie company was unsatisfactory and discouraging; that many policies of…
2Cases cited17 opinions
- Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
- Thomas v. Railroad Co.Supreme Court of the United States · 1880
- Beach v. President of the Fulton BankCourt for the Trial of Impeachments and Correction of Errors · 1829
- Jemison v. Citizens' Savings Bank of JeffersonNew York Court of Appeals · 1890
- City Council of Montgomery v. Montgomery & Wetumpka Plank-Road Co.Supreme Court of Alabama · 1857
12 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Duel v. State Farm Mutual Automobile InsuranceWisconsin Supreme Court · 1941
- Davis v. Parcher & J. & A. Stewart Co.Wisconsin Supreme Court · 1892
- United Order of Foresters v. MillerWisconsin Supreme Court · 1922
- Berry v. Anchor Mutual Fire InsuranceSupreme Court of Iowa · 1895
- Hess v. Cedarhome Lumber Co.Washington Supreme Court · 1926
7 more not listed; retrieve them via the Exa API.