Commercial Bank of Milwaukee v. Fire Insurance Co. of the Philadelphia
Wisconsin Supreme Court
APPEAL from the Superior Court of Milwaukee County. The facts are sufficiently stated in the opinion. They contended, inter alia, that the facts stated in the portion of the answer demurred to are pleaded as “ a second, separate, and further equitable defense and by way of counterclaim.” There can be no doubt that they constitute an equitable defense, and the demurrer was therefore improperly sustained.
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APPEAL from the Superior Court of Milwaukee County. The facts are sufficiently stated in the opinion. They contended, inter alia, that the facts stated in the portion of the answer demurred to are pleaded as “ a second, separate, and further equitable defense and by way of counterclaim.” There can be no doubt that they constitute an equitable defense, and the demurrer was therefore improperly sustained. Biorr v. O. O. Thompson <& W. Go. 78 Wis. 227; Keller v. Keller, 80 id. 325. They also constitute a good equitable counterclaim. The remedy of the defendant in this case is to ask by such a…
1Opinion of the CourtOetoN, J.
This appeal is from the order sustaining the demurrer to the counterclaim.
The complaint charges, in effect, that the Island Sash & Door Company of Milwaukee obtained a policy of insurance from the defendant on a part of its lumber, manufactured stock, and machinery on the 26th day of January, 1891; that a loss to said property by fire occurred on the 7th day of June, 1891, and that on the 18th day of June, 1891, said loss was adjusted and settled at the sum of S671.88, which the defendant promised and agreed to pay. This claim was assigned to the plaintiff bank, and judgment thereon is…
2Cases cited9 opinions
- Western Assurance Co. v. TowleWisconsin Supreme Court · 1886
- Druecker v. SalomonWisconsin Supreme Court · 1867
- S. L. Sheldon Co. v. MayersWisconsin Supreme Court · 1892
- Martin v. BeckwithWisconsin Supreme Court · 1856
- Matteson v. EllsworthWisconsin Supreme Court · 1871
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Brown v. CohnWisconsin Supreme Court · 1894
- Telulah Paper Co. v. Patten Paper Co.Wisconsin Supreme Court · 1907
- Wolf River Lumber Co. v. BrownWisconsin Supreme Court · 1894