Smith v. Commonwealth Insurance Co.
Wisconsin Supreme Court
APPEAL from the County Court of MilwcmJcee County. One Octavius Marshall, by Carpenter & Smiths, his attorneys, obtained a judgment against a corporation or firm in Milwaukee known as the Marshall Brothers’ Church Organ Manufacturing Company. The amount of the judgment was made up of the demands of several persons against the company, which, for convenience, had theretofore been assigned to Octavius Marshall.
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APPEAL from the County Court of MilwcmJcee County. One Octavius Marshall, by Carpenter & Smiths, his attorneys, obtained a judgment against a corporation or firm in Milwaukee known as the Marshall Brothers’ Church Organ Manufacturing Company. The amount of the judgment was made up of the demands of several persons against the company, which, for convenience, had theretofore been assigned to Octavius Marshall. The assignments were for the purpose of having- one action brought on' all the claims, and were made without consideration. Although absolute in form, there seems to have been an…
1Opinion of the CourtLyoN, J.
Numerous exceptions were taken on the trial on behalf of the defendant, and have been argued in this court. These have all been duly considered, but it is only necessary to discuss a few of them.
1. The answer contains a defense to the effect that proper proofs of loss have not yel been.furnished, and hence that this action cannot be maintained. This, it is claimed, is a plea in abatement which should have been first tried under the decision of this court in The Supervisors v. Van Stralen, 45 Wis., 675. The court below denied the motion of counsel for defendant -for a separate trial of that…
2Cases cited2 opinions
- Fisher v. FisherWisconsin Supreme Court · 1856
- Board of Supervisors v. Van StralenWisconsin Supreme Court · 1878
3Cited by14 opinions
- Liverpool & London & Globe Insurance v. EndeTexas Supreme Court · 1885
- Chicago, Rock Island & Pacific Railway Co. v. PeopleIllinois Supreme Court · 1905
- McGuire v. Hartford Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
- Wilkey v. StateSupreme Court of Alabama · 1939
- Peet v. Dakota Fire & Marine Ins.South Dakota Supreme Court · 1891
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