Wisconsin Cent. Ry. Co. v. Phœnix Ins.
District Court, E.D. Wisconsin
On Demurrer to the Complaint for Want of Jurisdiction. The complaint charges several insurance companies, as defendants, with liability for a loss by fire arising under their respective policies, namely: (1) On “joint policy of the Insurance Company of North America and the Fire Association of Philadelphia for $3,500, and a loss thereunder stated at $1,236.91; (2) on several policy of said Insurance Company of North America for $3,500, and loss thereunder, $1,236.91; (3) on…
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On Demurrer to the Complaint for Want of Jurisdiction. The complaint charges several insurance companies, as defendants, with liability for a loss by fire arising under their respective policies, namely: (1) On “joint policy of the Insurance Company of North America and the Fire Association of Philadelphia for $3,500, and a loss thereunder stated at $1,236.91; (2) on several policy of said Insurance Company of North America for $3,500, and loss thereunder, $1,236.91; (3) on two policies of Phoenix Insurance Company for aggregate amount of $3,500 and aggregate loss of $1,236.90. The plaintiff…
1Opinion of the Court
SEAMAN, District Judge.
I am constrained to the view that the complaint states no cause of action of which this court can take jurisdiction, with or without the one set up against the Phoenix Insurance Company. Except for the provision's of section 2609a, Rev. St. Wis. 1898, the joinder of these several causes of action would be unauthorized, either in state or federal court. That provision allows the joinder for convenience where a single loss arises under several policies but the recovery is separate, and not joint. As held in Montgomery v. The American Central Ins. Co., 106 Wis. 543, 545,…
2Cases cited5 opinions
- Walter v. Northeastern RailroadSupreme Court of the United States · 1893
- Gibson v. ShufeldtSupreme Court of the United States · 1887
- Schwed v. SmithSupreme Court of the United States · 1882
- Ex Parte Phoenix Ins. Co. Of London, England, and Others. 1Supreme Court of the United States · 1886
- Montgomery v. American Central InsuranceWisconsin Supreme Court · 1900
3Cited by3 opinions
- Essie H. Jewell v. Grain Dealers Mutual Insurance Co.Court of Appeals for the Fifth Circuit · 1961
- Waltman v. Union Central Life Ins.District Court, N.D. Texas · 1928
- Possidenti v. Mechanics & Traders InsuranceDistrict Court, D. Maryland · 1955