Travelers Insurance v. Pierce Engine Co.
Wisconsin Supreme Court
Appeal from a judgment o-f the circuit court for Racine county: E. E. Eeudjeh-, Circuit Judge. Defendant having been insured by plaintiff against liability for injuries to certain classes of its employees during the year ending November 1, 1903, upon an agreement that it should pay for the insurance fifty cents on each $100 of wages paid to certain differently described and defined classes of employees during the year, shortly after that date made a statement to the…
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Appeal from a judgment o-f the circuit court for Racine county: E. E. Eeudjeh-, Circuit Judge. Defendant having been insured by plaintiff against liability for injuries to certain classes of its employees during the year ending November 1, 1903, upon an agreement that it should pay for the insurance fifty cents on each $100 of wages paid to certain differently described and defined classes of employees during the year, shortly after that date made a statement to the plaintiff to the effect that its actual wages paid had been $27,004, upon which, after having paid $100 of premium at the…
1Opinion of the Court
Dodge, T.
There is but one substantially disputed material question on this appeal, and that is whether the agreement was a submission of the question of the amount due, involving law and fact, or a mere submission to the auditor to mathematically compute the amount of the wages shown by tire books to have been paid to the employees upon whose pay roll the contract of insurance required the premium to be based. The agreement may perhaps he ambiguous. The word “audit” is 90mctim.es restricted to a mere mathematical process, hut generally is extended to include the investigation, *107weighing of…
2Cases cited20 opinions
- People Ex Rel. Myers v. . BarnesNew York Court of Appeals · 1889
- Chandos v. American Fire InsuranceWisconsin Supreme Court · 1893
- Excelsior Wrapper Co. v. MessingerWisconsin Supreme Court · 1903
- Consolidated Water Power Co. v. NashWisconsin Supreme Court · 1901
- W. G. Taylor Co. v. BannermanWisconsin Supreme Court · 1904
15 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Joint School District No. 10 v. Jefferson Education Ass'nWisconsin Supreme Court · 1977
- Richco Structures v. Parkside Village, Inc.Wisconsin Supreme Court · 1978
- Adams v. AdamsSupreme Court of Alabama · 1934
- Nelson Paving Co., Inc. v. HjelleNorth Dakota Supreme Court · 1973
- Koepke v. E. Liethen Grain Co.Wisconsin Supreme Court · 1931
18 more not listed; retrieve them via the Exa API.