Dewey v. Davis

Decision Date15 June 1892
Citation52 N.W. 774,82 Wis. 500
PartiesDEWEY v. DAVIS, (TWO CASES.)
CourtWisconsin Supreme Court

OPINION TEXT STARTS HERE

Appeal from circuit court, Winnebago county; GEORGE W. BURNELL, Judge.

Suit by George W. Dewey against C. W. Davis, receiver of the Oshkosh Mutual Fire Insurance Company, to secure the allowance of a claim for unearned premiums on certain policies of insurance. From an order allowing the claim in part both parties appeal. The order is reversed on the appeal of the receiver, and affirmed on plaintiff's appeal.

The other facts fully appear in the following statement by LYON, C. J.:

This proceeding grows out of the insolvency of the Oshkosh Mutual Fire Insurance Company, and an action in the circuit court to wind up its affairs, in which action the defendant, Davis, was appointed receiver of the insolvent company. The history of that company is sufficiently stated in an opinion, filed herewith, in several appeals from judgments in actions brought by the receiver to recover an assessment upon the premium and deposit notes which came to the hands of the receiver. Davis v. Upholstery Co. 52 N. W. Rep. 771. It is unnecessary to repeat that history here. This proceeding is a claim presented by the plaintiff against the receiver for unearned premiums on certain policies of insurance theretofore issued by the insolvent company, and which were canceled by the failure of the company and the appointment of the receiver. Two of these policies were issued on what is called the “cash plan;” that is, the insured paid the full premium in cash when the policies were issued. The other policy was on the mutual plan, a premium note having been given. One of the cash policies was issued when the original by-laws of the company were in force, and the other after the by-laws were amended in October, 1888. The circuit court held that the plaintiff was entitled to the unearned premium on the cash policy first issued, and was not entitled thereto on either of the other policies. The receiver appeals from the order directing him to pay such unearned premium on the first cash policy, and the plaintiff appeals from the order refusing to direct the receiver to pay the unearned premium on the other two policies.Weisbrod, Thompson & Harshaw, for plaintiff.

Finch & Barber, for defendant.

Phillips & Kleist, for divers policy holders.

LYON, C. J., ( after stating the facts).

In the actions by the receiver to recover the 40 per cent. assessment on the premium notes which came to his hands, we hold that the Oshkosh Mutual Fire Insurance Company is what its name imports, a mutual insurance company, and nothing else, and hence that each policy holder in the company is a member thereof, and subject to all the incidents which result from such membership, whether the premium be paid in cash, or a premium note given therefor. Such being the relation of the policy holders to the company and to each other, it is...

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12 cases
  • Boyd v. Mut. Fire Ass'n of Eau Claire
    • United States
    • Wisconsin Supreme Court
    • May 19, 1902
    ...to cancel such policy and all other existing policies in such company. Davis v. Shearer, 90 Wis. 250, 255, 62 N. W. 1050;Dewey v. Davis, 82 Wis. 500, 52 N. W. 774. The principle upon which those two cases were decided seems to be applicable here. So there is an additional reason why the sta......
  • House v. Siegle
    • United States
    • Arkansas Supreme Court
    • November 29, 1915
    ...appellee is liable for the entire amount of his premium. 151 S.W. 1030; 30 N.E. 212; 56 S.W. 823; 66 A. 1072; 91 N.E. 380; 105 N.W. 1031; 52 N.W. 774-5; 119 Mass. 45; Am. Dec. 773. The case in 130 S.W. 574 is not applicable. 112 Mass. 116. 2. Under the terms of the contract the entire premi......
  • Cheese Makers Mut. Cas. v. Duel (In re Wis. Mut. Ins. Co.)
    • United States
    • Wisconsin Supreme Court
    • October 16, 1945
    ...the claimant? Both questions were answered in the negative by the court below. The court below based its decision on Dewey v. Davis, 82 Wis. 500, 52 N.W. 774, 775. The chief argument here is the applicationof that case to the facts in the instant case. Appellant argues that the rule of the ......
  • Hill v. Baker
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • February 25, 1910
    ... ... 158; ... Doane v. Millville Ins. Co., 43 N. J. Eq. 522, 11 A ... 739; Hillier v. Alleghany Ins. Co., 3 Pa. 470, 45 ... Am. Dec. 656; Dewey v. Davis, 82 Wis. 500, 52 N.W ... 774; Taylor v. North Star Ins. Co., 46 Minn. 198, 48 ... N.W. 772. But we find also decisions put upon the same ... ...
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