Hill v. American Surety Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: D. H. JohNsoN, Circuit Judge. On the 22d .of June, 1894, the Enger-Kress Company-made a voluntary assignment to E. B. Winterhalter, its vice president, and the defendant The American Surety Company became surety on his assignee’s bond. The company’s, business was the manufacture of leather goods in a factory of its own located in North Milwaukee.
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Appeal from a judgment of the circuit court for Milwaukee county: D. H. JohNsoN, Circuit Judge. On the 22d .of June, 1894, the Enger-Kress Company-made a voluntary assignment to E. B. Winterhalter, its vice president, and the defendant The American Surety Company became surety on his assignee’s bond. The company’s, business was the manufacture of leather goods in a factory of its own located in North Milwaukee. It had at. the time of the assignment about $38,000 of fire insurance. No effort was made by the assignee to secure consent to assignment of these policies to him, nor was any attempt…
1Opinion of the Court
. The following opinion was filed February 27, 1900:
Dod&e, J.
1. The first and fundamental question in this case is whether the defendant assignee was guilty of a breach of his official duty in refraining from effort to secure insurance on the building and stock of the manufacturing plant in his possession. Certainly no less degree of care and diligence can be permitted to an assignee than that which is imposed upon the bailee for hire or agent, namely, that of ordinary diligence,— such diligence and care as are exercised by ordinarily prudent persons under like circumstances, — • *24and the…
2Cases cited21 opinions
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- In Re the Accounting of CornellNew York Court of Appeals · 1888
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