Royal Indemnity Co. v. Sangor
Wisconsin Supreme Court
■Appeal from ail order of tlie circuit court for Milwaukee county: W. J. Tuenee, Circuit Judge. This is an appeal from an order sustaining a general demurrer to the complaint, the substance of which complaint is as follows: The plaintiff is an insurance company which underwrites surety and casualty risks.
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■Appeal from ail order of tlie circuit court for Milwaukee county: W. J. Tuenee, Circuit Judge. This is an appeal from an order sustaining a general demurrer to the complaint, the substance of which complaint is as follows: The plaintiff is an insurance company which underwrites surety and casualty risks. Certain of the defendants,. owning city lots in Milwaukee on which they proposed to erect buildings which would cost as projected more-than $30,000, arranged with one of the defendants, who was-a building contractor known to be irresponsible and insolvent, that he should contract to build…
1Opinion of the Court
’Wrxsnow, O. J.
The fraudulent scheme set forth in tbe complaint is quite remarkable, but by no means incredible. If it can be proven by that quantum of clear, convincing, and satisfactory evidence which the law requires in such cases (Boring v. Ott, 138 Wis. 260, 119 N. W. 865), it would be a reproach to the law if tbe wrong inflicted by it could not be redressed.
Tbe respondents claim that there can be no recovery because the former judgment in the action on tbe bonds is res adjudicate, of all questions set out in the complaint herein and *150that such judgment cannot be set aside or even…
2Cases cited5 opinions
- Laun v. KippWisconsin Supreme Court · 1914
- Boring v. OttWisconsin Supreme Court · 1909
- Balch v. BeachWisconsin Supreme Court · 1903
- Stowell v. EldredWisconsin Supreme Court · 1870
- Northwestern Mutual Life Insurance v. AdamsWisconsin Supreme Court · 1914
3Cited by3 opinions
- Ada Enterprises, Inc. v. ThompsonWisconsin Supreme Court · 1965
- Hicks v. HardyWisconsin Supreme Court · 1942
- Greinke v. Midland Improvement Co.Wisconsin Supreme Court · 1949