Manson v. Phœnix Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Shawano County. Garnishment. The' garnishee defendant, The Phoenix Iro-surance Company of Hartford, Conn., answered denying all indebtedness or liability to the principal defendant, Waller. The plaintiffs took issue upon this answer, and upon the trial the court found in favor of the garnishee and rendered judgment dismissing the garnishee proceedings. The plaintiffs appealed. The facts are stated in the opinion.
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APPEAL from the Circuit Court for Shawano County. Garnishment. The' garnishee defendant, The Phoenix Iro-surance Company of Hartford, Conn., answered denying all indebtedness or liability to the principal defendant, Waller. The plaintiffs took issue upon this answer, and upon the trial the court found in favor of the garnishee and rendered judgment dismissing the garnishee proceedings. The plaintiffs appealed. The facts are stated in the opinion. They contended, inter alia, that the mortgages were void as to the plaintiffs, and as to them the mortgagee had no insurable interest. As to them,…
1Opinion of the CourtCole, C. J.
The court below held that at the time of the service of the garnishee summons the garnishee defendant was not indebted to defendant Waller, and did not have any property or money in its possession belonging to him, therefore dismissed the proceeding. The correctness of this ruling is questioned by plaintiff’s counsel. The facts upon which the questions of law arise are few and undisputed. It seems that the insurance company issued its policy to Waller, insuring a frame building owned and occupied by him as a saloon, and certain personal property therein. The frame building rested upon blocks…
2Cases cited2 opinions
- Hammel v. Queen Insurance Co. of London & LiverpoolWisconsin Supreme Court · 1880
- Coykendall v. LaddSupreme Court of Minnesota · 1884
3Cited by13 opinions
- In re Antigo Screen Door Co.Court of Appeals for the Seventh Circuit · 1903
- Stebbins v. Westchester Fire InsuranceWashington Supreme Court · 1921
- Ullman v. DuncanWisconsin Supreme Court · 1890
- Weber v. WeberWisconsin Supreme Court · 1895
- Hill v. MerrimanWisconsin Supreme Court · 1888
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