Electric Appliance Co. v. United States Fidelity & Guaranty Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Dodge county: James J. Dick, Circuit Judge. The defendant The United States Fidelity dh Guaranty Oom-gczny has appealed from an order overruling a demurrer to the plaintiff’s complaint. The complaint was challenged on the ground that there was a defect of parties defendant, and •that it did not state facts sufficient to constitute a cause of action.
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Appeal from an order of the circuit court for Dodge county: James J. Dick, Circuit Judge. The defendant The United States Fidelity dh Guaranty Oom-gczny has appealed from an order overruling a demurrer to the plaintiff’s complaint. The complaint was challenged on the ground that there was a defect of parties defendant, and •that it did not state facts sufficient to constitute a cause of action. It appears that the city of Waupun was desirous of erecting a municipal lighting plant. Rids were invited, and on September 2, 1899; a contract was entered into between the city and the defendants…
1Opinion of the Court
The following opinion was filed April 9, 1901:
Bardeen, J.
If any liability exists on the part of the guaranty company, it must rest upon the fact that it has contracted with the city to pay the debt due from the contractors to the plaintiff. The demand to be subrogated to the rights of the city as against the contractors has no foundation to rest upon, because it affirmatively appears that the city has accepted the plant and paid the contractors therefor. The city has no claim against the surety, because it has suffered no loss, and has sustained no injury, by reason of the failure of the…
2Cases cited14 opinions
- Parker v. JefferyOregon Supreme Court · 1894
- Baker & Co. v. BryanSupreme Court of Iowa · 1884
- Putney v. FarnhamWisconsin Supreme Court · 1870
- Johannes v. Phenix Insurance Co. of BrooklynWisconsin Supreme Court · 1886
- Burnham v. City of Fond du LacWisconsin Supreme Court · 1862
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- Conold v. SternOhio Supreme Court · 1941
- Smith v. BowmanUtah Supreme Court · 1907
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