Legal Opinion
Schwartz v. Norwich Union Indemnity Co.
Wisconsin Supreme Court
Decided October 10, 1933PublishedCited by 32 opinions
1Opinion of the CourtFairchild, J.
In its brief and oral argument but one contention is made by appellant with respect to the first cause of action. This contention is that because the allegations show a failure by respondent to pay the judgment rendered against him in the case described a cause of action is not stated; that until such judgment is paid respondent has *595suffered no loss or legal damage. This cause of action rests upon a breach of duty ex delicto and is sufficient against the objection raised. Decker v. Mathews, 12 N. Y. 313; Metropolitan Elevated R. Co. v. Kneeland, 120 N. Y. 140, 24 N. E. 381; Knutson v.…
2Cases cited5 opinions
- Decker v. . MathewsNew York Court of Appeals · 1855
- Metropolitan Elevated Railway Co. v. KneelandNew York Court of Appeals · 1890
- Patterson v. Springfield Traction Co.Missouri Court of Appeals · 1914
- Chesapeake & Ohio Railway Co. v. StumpCourt of Appeals of Kentucky · 1915
- Knutson v. FenelonWisconsin Supreme Court · 1929
3Cited by32 opinions
- Brown v. Guarantee InsuranceCalifornia Court of Appeal · 1957
- Harvey Thomas Smoot, Jr. v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Fifth Circuit · 1962
- Southern Fire & Casualty Co. v. NorrisCourt of Appeals of Tennessee · 1952
- Melville Harris, as Trustee in Bankruptcy of Leonard Massello and William Massello v. Standard Accident and Insurance CompanyCourt of Appeals for the Second Circuit · 1961
- Alford v. Textile Insurance CompanySupreme Court of North Carolina · 1958
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