Brown v. Ocean Accident & Guarantee Corp.
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Milwaukee county: Osoae M. Feitz, Circuit Judge. This is an appeal from an order sustaining a demurrer to tbe complaint. Tbe following is tbe complaint: “(Title.) “For a cause of action against tbe defendant, plaintiff alleges and shows unto tbe court as follows: ■ “First.
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Appeal from an order of tbe circuit court for Milwaukee county: Osoae M. Feitz, Circuit Judge. This is an appeal from an order sustaining a demurrer to tbe complaint. Tbe following is tbe complaint: “(Title.) “For a cause of action against tbe defendant, plaintiff alleges and shows unto tbe court as follows: ■ “First. That be now is and was at all tbe times herein mentioned a resident and inhabitant of tbe city and county of Milwaukee, state of Wisconsin, and is a married man about thirty-six years of age. “Second. That tbe defendant now is and was. at all tbe times herein mentioned a foreign…
1Opinion of the CourtKerwin, J.
The court below sustained the demurrer upon the ground that the representations are not actionable, because they relate, first, to what would occur in the future; and second, as to what defendant would do in the future, and that neither of the representations relates to a present or past state of facts; that the representations were nothing more than the expression of opinion as to what the future physical condition of the plaintiff would be. The following cases are relied upon by the court below: Patterson v. Wright, 64 Wis. 289, 25 N. W. 10; Morrison v. Koch, 32 Wis. 254; Sheldon v.…
2Cases cited11 opinions
- Gould v. Cayuga County National BankNew York Court of Appeals · 1885
- Urtz v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1911
- J. H. Clark Co. v. RiceWisconsin Supreme Court · 1906
- Warner v. BenjaminWisconsin Supreme Court · 1895
- Krause v. BusackerWisconsin Supreme Court · 1900
6 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Richardson v. Economy Fire & Casualty Co.Illinois Supreme Court · 1985
- Slotkin v. Citizens Casualty Co. of New YorkCourt of Appeals for the Second Circuit · 1980
- Slotkin v. Citizens Casualty Co.Court of Appeals for the Second Circuit · 1979
- Matsuura v. Alston & BirdCourt of Appeals for the Ninth Circuit · 1999
- Ware v. State Farm Mutual Automobile InsuranceSupreme Court of Kansas · 1957
17 more not listed; retrieve them via the Exa API.