John R. Davis Lumber Co. v. Home Insurance Co. of New York
Wisconsin Supreme Court
Aoppeaus from judgments of the circuit court for Winnebago county: G-eo. W. BubNelr, Circuit Judge. The action is on two policies of fire insurance — one each — issued by the two defendant corporations upon the plaintiff’s property at Phillips, Wisconsin.
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Aoppeaus from judgments of the circuit court for Winnebago county: G-eo. W. BubNelr, Circuit Judge. The action is on two policies of fire insurance — one each — issued by the two defendant corporations upon the plaintiff’s property at Phillips, Wisconsin. The two insurance companies were joined in the action, as defendants, under ch. 235, Laws of 1893. The plaintiff had large mills, factories, and other buildings, and large quantities of lumber, on which it carried a large amount of insurance. One E. H. Winchester was for several years carrying on a large insurance business at Phillips. He…
1Opinion of the Court
The following opinion was filed February 2, 1897:
NewmaN, J.
The first error alleged is the denial of the-defendants’ first motion for a nonsuit, and compelling a joint. *547trial. This motion was based on the claim that there was a misjoinder of causes of action and of parties defendant. It is clear that, aside from the provisions of ch. 235, Laws of 1893, it is not permissible to join in one complaint causes of action which do not “ affect all the parties to the action.” E. S. sec. 2647. It is manifest that neither of the causes of action stated in the complaint affects both defendants. Neither…
2Cases cited5 opinions
- Hermann v. Niagara Fire InsururanceNew York Court of Appeals · 1885
- Nevil v. CliffordWisconsin Supreme Court · 1882
- Karelsen v. Sun Fire Office of London (Ltd.)New York Court of Appeals · 1890
- Wilber v. Williamsburgh City Fire InsuranceNew York Court of Appeals · 1890
- Whiting v. Mississippi Valley Manufacturers' Mutual InsuranceWisconsin Supreme Court · 1890
3Cited by5 opinions
- Spann v. Commercial Standard Ins. Co. of Dallas, Tex.Court of Appeals for the Eighth Circuit · 1936
- Keith v. Royal Insurance Co.Wisconsin Supreme Court · 1903
- Milwaukee Trust Co. v. City of MilwaukeeWisconsin Supreme Court · 1912
- Dixie Fire Insurance v. A. Layne & BrotherCourt of Appeals of Kentucky · 1913
- Johnson v. North British & Mercantile InsuranceOhio Supreme Court · 1902