Johnston v. Northwestern Live Stock Insurance
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Monroe county: O. B. Wyman, Circuit Judge. This is an action upon a policy of insurance upon a horse for the sum of $800. The case was here upon an appeal .from a former judgment, and was reversed for error, 94 Wis. 117. The evidence shows that the horse was chattel ■mortgaged by the plaintiff Johnston to the plaintiff Smith, and the policy was made payable to the plaintiff Smith as .'his interest as mortgagee might appear.
Read the full summary
Appeal from a judgment of the circuit court for Monroe county: O. B. Wyman, Circuit Judge. This is an action upon a policy of insurance upon a horse for the sum of $800. The case was here upon an appeal .from a former judgment, and was reversed for error, 94 Wis. 117. The evidence shows that the horse was chattel ■mortgaged by the plaintiff Johnston to the plaintiff Smith, and the policy was made payable to the plaintiff Smith as .'his interest as mortgagee might appear. There was a written ■application for the policy, signed by Johnston, in which it was stated that the horse was mortgaged to…
1Opinion of the CourtWinslow, J.
A. motion to dismiss the appeal in this case on the ground that no sufficient undertaking had been given *341was made by the respondents prior to the argument, and this motion must first be considered. The undertaking upon ■the appeal was executed by the United States Eidelity & Guaranty Company, a foreign suretyship corporation, duly admitted to transact business in this state under the provisions of sec. 1966 — 32, Stats. 1898. Uo certificate of the insurance commissioner showing the authority of the company to do business in this state was attached to the undertaking, ■nor was any certified…
2Cases cited3 opinions
- Helden v. HeldenWisconsin Supreme Court · 1859
- Smith v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1865
- Ulrich v. Farrington Manufacturing Co.Wisconsin Supreme Court · 1887
3Cited by10 opinions
- McCain v. Hartford Live Stock InsuranceSupreme Court of North Carolina · 1925
- Carson v. Cook County Liquor Co.Supreme Court of Oklahoma · 1913
- Earl v. NappWisconsin Supreme Court · 1935
- Ady v. BarnettWisconsin Supreme Court · 1910
- National Live Stock Insurance v. BartlowIndiana Court of Appeals · 1915
5 more not listed; retrieve them via the Exa API.