Rose v. Kimberly & Clark Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe county court of Winnebago county: C. D. Cleveland, Judge. Action by tbe receiver of an insolvent foreign mutual insurance company to recover an assessment made upon policy holders.
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Appeal from a judgment of tbe county court of Winnebago county: C. D. Cleveland, Judge. Action by tbe receiver of an insolvent foreign mutual insurance company to recover an assessment made upon policy holders. Tbe Consolidated Mutual Eire Insurance Company was an Illinois corporation, having its principal office at Chicago, and it never complied with the laws of the state of "Wisconsin relating to foreign insurance companies doing business within this state, and consequently had no license to transact such business. In 1890 the defendant made applications to the insurance company for…
1Opinion of the CourtWiNsnow, J.
The insurance contracts in question were made outside of this state upon property within the state, by a foreign company which had not complied with the laws of Wisconsin and was thus debarred from doing business within the state. The question arising is not whether these contracts can be enforced in the courts of Illinois where they were made. It might well be that, were this action pending before an Illinois court, the contracts being Illinois contracts, and there being nothing in the statutes or policy of that state prohibiting them, they would be held valid and binding. Such, in…
2Cases cited1 opinion
- Stanhilber v. Mutual Mill InsuranceWisconsin Supreme Court · 1890
3Cited by17 opinions
- American Fire Insurance v. King Lumber & Manufacturing Co.Supreme Court of Florida · 1917
- Hirschfeld v. McCullaghOregon Supreme Court · 1912
- Presbyterian Ministers' Fund v. ThomasWisconsin Supreme Court · 1905
- Commonwealth Mutual Fire Insurance v. Hayden Bros.Nebraska Supreme Court · 1900
- Employers Mutual Insurance v. PakradooniSuperior Court of Pennsylvania · 1924
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