Legal Opinion

Seamans v. Millers' Mutual Insurance

Wisconsin Supreme Court

Decided June 20, 1895PublishedCited by 8 opinions

Appeal from orders of the superior court of Milwaukee county: J. 0. Ludwig, Judge. This is an appeal by a policy holder in the Millers’ Mutual Insurance Company of Wisconsin from three orders made by the superior court of Milwaukee county. The Millers’ Mutual Insurance Company was organized in 1882 under the provisions of ch. 255, Laws of 1818, which chapter is embodied in secs. 1941o-1941<7, S. & R. Ann. ¡Stats.

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Appeal from orders of the superior court of Milwaukee county: J. 0. Ludwig, Judge. This is an appeal by a policy holder in the Millers’ Mutual Insurance Company of Wisconsin from three orders made by the superior court of Milwaukee county. The Millers’ Mutual Insurance Company was organized in 1882 under the provisions of ch. 255, Laws of 1818, which chapter is embodied in secs. 1941o-1941<7, S. & R. Ann. ¡Stats. It continued its business until July, 1892. On the 30th day of January, 1891, the appellants, J. 0. Kendall efe Go., insured three mills at Hartford, by a policy issued by said…

1Opinion of the CourtWinslow, J.

The first and most important question on this appeal is as to the effect of the transaction of July, 1892, between the appellants, Kendall & Co., and the officers of the defunct insurance company, by which the appellants’ policy was surrendered to the company, their deposit note returned to them, and the assessment of July 7, 1892, paid, upon the assurance that they would not be called upon for any further assessment. It is argued that the effect of this arrangement was to terminate the contract of insurance for all purposes, and to release them from any future assessments. Were the case one…

2Cases cited3 opinions

  1. Commonwealth v. Massachusetts Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1873
  2. Detroit Manufacturers' Mutual Fire Insurance v. MerrillMichigan Supreme Court · 1894
  3. Ionia, Eaton & Barry Farmers' Mutual Fire Insurance v. OttoMichigan Supreme Court · 1893

3Cited by8 opinions

  1. Wysong v. Automobile Underwriters, Inc.Indiana Supreme Court · 1933
  2. In Re Wisconsin Mut Ins. Co.Wisconsin Supreme Court · 1942
  3. J. P. Cullen & Sons, Inc. v. MortensenWisconsin Supreme Court · 1938
  4. Peerless Insurance Co. v. MansonWisconsin Supreme Court · 1965
  5. Mallen v. LangworthyAppellate Court of Illinois · 1897

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