Wheeler v. Pereles
Wisconsin Supreme Court
APPEAL from tbe County Court of Milwaukee County. Action against the executors of Herman L. Page, deceased, to recover damages sustained by an alleged conversion by them of a policy of insurance upon plaintiff’s life, which had been pledged by plaintiff to Page as collateral security for a loan. The case was before this court upon a former appeal from a judgment of nonsuit, which was reversed, and a new trial ordered.
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APPEAL from tbe County Court of Milwaukee County. Action against the executors of Herman L. Page, deceased, to recover damages sustained by an alleged conversion by them of a policy of insurance upon plaintiff’s life, which had been pledged by plaintiff to Page as collateral security for a loan. The case was before this court upon a former appeal from a judgment of nonsuit, which was reversed, and a new trial ordered. See 40 "Wis., 424. The policy in question was assigned by Wheeler to Page by the following instrument: “ MilwauKee, March 15, 1872. “In consideration of the sum of $1,325.77, to…
1Opinion of the Court
OPINION ON FIRST APPEAL.
Cole, J.
This case has been once before this court, and will be found in 40 Wis., 424. It was then decided that an action for a wrongful conversion of the policy could be maintained, Mr. Justice Lyon remarking in the opinion, that if the defendants “ surrendered the policy for cancellation to the company which issued it, and the same was in law canceled, that is a conversion, no matter what they received in return for it.” On the second trial there was a special verdict. The plaintiff moved for judgment on the special verdict, which motion was denied by the county…
2Cases cited10 opinions
- Duncan v. JaudonSupreme Court of the United States · 1873
- Brooklyn Life Insurance v. BledsoeSupreme Court of Alabama · 1875
- Fisher v. BrownMassachusetts Supreme Judicial Court · 1870
- Spencer v. FredendallWisconsin Supreme Court · 1862
- Brass v. WorthNew York Supreme Court · 1863
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Nelson v. Union National BankCourt of Appeals of Wisconsin · 1983
- Churchill v. WelshWisconsin Supreme Court · 1879
- Anstedt v. BentleyWisconsin Supreme Court · 1884
- Jones v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1911
- Harder v. HospWisconsin Supreme Court · 1887
2 more not listed; retrieve them via the Exa API.