Legal Opinion

Gross v. Milwaukee Mechanics' Insurance

Wisconsin Supreme Court

Decided March 27, 1896PublishedCited by 14 opinions

Appeals from a judgment of the circuit court for Wood county :• Chas. M. Webb, Circuit Judge. Action to recover on several insurance policies for loss'by fire of property alleged to have been covered by such policies at the time of such fire. It was stipulated in the policies that the property was insured while contained in the one-story frame store building situated on the south side of Cranberry street in Centraba.

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Appeals from a judgment of the circuit court for Wood county :• Chas. M. Webb, Circuit Judge. Action to recover on several insurance policies for loss'by fire of property alleged to have been covered by such policies at the time of such fire. It was stipulated in the policies that the property was insured while contained in the one-story frame store building situated on the south side of Cranberry street in Centraba. The one-story frame store building referred to, at the time all the policies were issued, except one issued by the Western Asmrance Company, June 11, -1893, consisted of a main…

1Opinion of the CourtMaRshall, J.

The actions were properly consolidated. Oh. 235, Laws of 1893, provides that, should the insured bring suit on any policy or policies of insurance, he may join as parties defendant any and all insurance companies interested in the loss. Sec. 2192, R. S., provides that, “ when two or more actions are pending in the same court which might have been joined, the court or judge, on motion, shall, if no sufficient cause be shown to the contrary, consolidate them into one, by order.” Under the law of 1893 the conclusion is easily reached that the actions might have been joined in the first instance;…

2Cases cited6 opinions

  1. Harriman v. Queen Insurance Co. of LondonWisconsin Supreme Court · 1880
  2. Campbell v. American Fire Insurance Co. of PhiladelphiaWisconsin Supreme Court · 1888
  3. King v. Hekla Fire InsuranceWisconsin Supreme Court · 1883
  4. Pettit v. State InsuranceSupreme Court of Minnesota · 1889
  5. Cargill v. Millers' & Manufacturers' Mutual Insurance Co.Supreme Court of Minnesota · 1885

1 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. University City, Mo. v. Home Fire & Marine Ins. Co.Court of Appeals for the Eighth Circuit · 1940
  2. North British & Mercantile Insurance v. TyeCourt of Appeals of Georgia · 1907
  3. Still v. Connecticut Fire InsuranceMissouri Court of Appeals · 1915
  4. Trustees of St. Clara Female Academy of Sinsinawa Mound v. Northwestern National Insurance Co.Wisconsin Supreme Court · 1898
  5. Shepard v. Germania Fire InsuranceMichigan Supreme Court · 1911

9 more not listed; retrieve them via the Exa API.

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