Wisconsin Zinc Co. v. Fidelity & Deposit Co. of Maryland
Wisconsin Supreme Court
Appeal from an order of the circuit court for Grant county: Geoege Clementson, Circuit Judge. The complaint in this case sets out three causes of action arising out of the same transaction: one on contract, one in tort, and one based on fraud. The defendant demurred to each of said causes of action, on the ground that the complaint did not state facts sufficient to constitute a cause of- action.
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Appeal from an order of the circuit court for Grant county: Geoege Clementson, Circuit Judge. The complaint in this case sets out three causes of action arising out of the same transaction: one on contract, one in tort, and one based on fraud. The defendant demurred to each of said causes of action, on the ground that the complaint did not state facts sufficient to constitute a cause of- action. A demurrer was also interposed on the ground that several causes of action were improperly nnited. The court, in deciding the demurrer, stated: “I have specially considered the cause of action set…
1Opinion of the CourtBaeNes, J.
The rights of the parties to'this litigation-rest upon the insurance contract which existed between them. A determination of the true intent and. meaning of that contract is therefore essential. When the language used is unambiguous, . its usual and ordinary meaning should .he attributed to it. Imperial F. Ins. Co. v. Coos Co. 151 U. S. 452, 14 Sup. Ct. 379; Rumford Falls P. Co. v. Fidelity & C. Co. 92 Me. 574, 43 Atl. 503. There are four provisions of the policy which should be particularly considered in deciding the case. Two relate to positive undertakings of the defendant; one to a like…
2Cases cited14 opinions
- Imperial Fire Insurance v. Coos CountySupreme Court of the United States · 1894
- St. Louis Dressed Beef & Provision Co. v. Maryland Casualty Co.Supreme Court of the United States · 1906
- Butler Bros. v. American Fidelity Co.Supreme Court of Minnesota · 1913
- Rumford Falls Paper Co. v. Fidelity & Casualty Co.Supreme Judicial Court of Maine · 1899
- Allen v. Etna Life Ins.Court of Appeals for the Third Circuit · 1906
9 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Hilker v. Western Automobile InsuranceWisconsin Supreme Court · 1931
- Harvey Thomas Smoot, Jr. v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Fifth Circuit · 1962
- Auto Mutual Indemnity Co. v. ShawSupreme Court of Florida · 1938
- City of Wakefield v. Globe Indemnity Co.Michigan Supreme Court · 1929
- Traders & General Ins. Co. v. Rudco Oil & Gas Co.Court of Appeals for the Tenth Circuit · 1942
47 more not listed; retrieve them via the Exa API.