Zinn v. Germantown Farmers' Mutual Insurance
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Washington county: Chesteb A. Eowlee, Judge. This is the same case considered by this court upon demurrer to the complaint in Huber v. Martin, 127 Wis. 412, 105 N. W. 1031,1135. After that decision and on March 19, 1906, the defendant corporation passed a resolution which ordered the distribution among the members of said company of $50,000 of the accumulated surplus, but, being uncertain as to the proper method of…
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Appeal from a judgment of the circuit court for Washington county: Chesteb A. Eowlee, Judge. This is the same case considered by this court upon demurrer to the complaint in Huber v. Martin, 127 Wis. 412, 105 N. W. 1031,1135. After that decision and on March 19, 1906, the defendant corporation passed a resolution which ordered the distribution among the members of said company of $50,000 of the accumulated surplus, but, being uncertain as to the proper method of distribution, submitted that question to the court by an answer stating the facts. There the court, by its finding, discloses the…
1Opinion of the Court
Dodge,'J.
This action having been once before this court and the rights of the members of the corporation in and to' the surplus in its treasury having been exhaustively considered, little remains but to apply the conclusions then reached and declared, which became irrevocably the law of this case.
Turning, then, to the former decision, we find it unambiguously declared that those at any given moment holding policies are the members and all the members of the corporation and the beneficial owners of all its assets; also that the surplus in excess of the needs of the corporation was a proper…
2Cases cited5 opinions
- Hopper v. . SageNew York Court of Appeals · 1889
- Jermain v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1883
- Huber v. MartinWisconsin Supreme Court · 1906
- Seeley v. New York National Exchange BankNew York Court of Common Pleas · 1878
- Korn v. Mutual Assurance Soc. Against Fire on Buildings of Va.Supreme Court of the United States · 1810
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- Duel v. State Farm Mutual Automobile InsuranceWisconsin Supreme Court · 1941
- Finley v. Massachusetts Mut. Life Ins. Co.Supreme Court of Louisiana · 1931
- Kimberly-Clark Corp. v. Factory Mutual InsuranceCourt of Appeals for the Fifth Circuit · 2009
- Franzen v. Fred Rueping Leather Co.Wisconsin Supreme Court · 1949
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