Ætna Life Insurance v. Mabbett
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. Belden was an agent of the plaintiff at Milwaukee on and prior to November 15th, 1861, empowered to receive payment of premiums on policies, interest upon loans, &e.
Read the full summary
APPEAL from the County Court of Milwaukee County. Belden was an agent of the plaintiff at Milwaukee on and prior to November 15th, 1861, empowered to receive payment of premiums on policies, interest upon loans, &e. On that day Mabbett and Lamberton, as sureties, with Belden, as principal, executed a bond to the company in the sum of $1,000, conditioned for Belden's duly accounting to the company monthly, and whenever requested, for all its moneys or other property in his hands, and paying over all moneys received for it, after deducting his commissions. The complaint alleges that prior to…
1Opinion of the Court
By the Court,
DIXON, C. J.
The case comes up on objections to evidence offered by the defendants, and turns upon the sufficiency of the defense set forth in the answers. The defense is an alleged fraudulent concealment of facts on the part of *669tbe plaintiff touching tbe state of accounts between tbe plaintiff and defendant Belden, an agent employed by the plaintiff to receive and collect moneys at Milwaukee; by reason of which fraudulent concealment tb e defendants Mabbett and Lam-berton, as sureties for Belden, were induced to execute and deliver to the plaintiff the bond in suit, conditioned…
2Cited by9 opinions
- Home Insurance v. HolwaySupreme Court of Iowa · 1881
- City of Detroit v. WeberMichigan Supreme Court · 1873
- Anaheim Union Water Co. v. ParkerCalifornia Supreme Court · 1894
- Cary v. WheelerWisconsin Supreme Court · 1861
- Fidelity & Deposit Co. of Md. v. USAFORM Hail Pool, Inc.District Court, M.D. Florida · 1970
4 more not listed; retrieve them via the Exa API.