Fire Department of Oshkosh v. Tuttle
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Action to recover moneys alleged to be due plaintiff from defendant as the agent of various fire insurance companies; the sum demanded being two per cent, of the amount alleged to have been received by defendant as premiums for insurance of property in the city of Oshkosh. By direction of the court the plaintiff had a verdict; and defendant appealed from a judgment rendered thereon.
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APPEAL from the Circuit Court for Winnebago County. Action to recover moneys alleged to be due plaintiff from defendant as the agent of various fire insurance companies; the sum demanded being two per cent, of the amount alleged to have been received by defendant as premiums for insurance of property in the city of Oshkosh. By direction of the court the plaintiff had a verdict; and defendant appealed from a judgment rendered thereon. To the point that the sufficiency of the complaint was res adpadicata by the former decision of this court in the same case (48 Wis., 91), they cited Parherv.…
1Opinion of the Court
LyoN, J".
This case was before us on a former occasion, on an appeal from an order sustaining a demurrer to the complaint. 48 Wis., 91. An examination of the record on that appeal shows that the grounds of demurrer assigned were: first, defect of parties plaintiff; and second, that the complaint fails to state a cause of action. The order from which the appeal was taken was reversed, and such reversal was necessarily an adjudication that the complaint states a cause of action. This appeal is from a judgment which the plaintiff has recovered in the action, and the question of the sufficiency of…
2Cases cited1 opinion
- Fire Department of the City of Oshkosh v. TuttleWisconsin Supreme Court · 1880
3Cited by12 opinions
- South Bend Chilled Plow Co. v. George C. Cribb Co.Wisconsin Supreme Court · 1900
- Travelers' Insurance Co. v. FrickeWisconsin Supreme Court · 1898
- Schoenleber v. BurkhardtWisconsin Supreme Court · 1896
- Ellis v. Northern Pacific RailroadWisconsin Supreme Court · 1891
- Northern Pac. R. Co. v. EllisSupreme Court of the United States · 1892
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