Nw. Mut. Life Ins. Co. v. State

• Decision Date: 14 December 1920
• Citation: 180 N.W. 141,173 Wis. 126
• Parties: NORTHWESTERN MUT. LIFE INS. CO. v. STATE.
• Court: Wisconsin Supreme Court

173 Wis. 126

180 N.W. 141

NORTHWESTERN MUT. LIFE INS. CO.

v.STATE.

Supreme Court of Wisconsin.

Dec. 14, 1920.

Appeal from Circuit Court, Dane County; E. Ray Stevens, Judge.

Action by the Northwestern Mutual Life Insurance Company against the State of Wisconsin. From an order overruling demurrer to the complaint, defendant appeals. Order reversed, and cause remanded, with directions to sustain demurrer and dismiss complaint on the merits.

Action to recover the sum of $23,623.67, being the amount of license fees paid under protest by plaintiff on $787,455.74 due in 1918 from its policy holders, but not paid to it in cash otherwise than by annually adding the amount due for interest to the principal of the policy loan. The trial court overruled a demurrer to the complaint, and the defendant appealed.

*141J. J. Blaine, Atty. Gen., and E. E. Brossard and J. E. Messerschmidt, Asst. Attys. Gen., for appellant.

George Lines and Sam T. Swansen, both of Milwaukee, for respondent.

VINJE, J.

The case is similar to Northwestern Mut. Life Ins. Co. v. State, 180 N. W. 138, decided herewith, and is ruled by it.

Order reversed, and cause remanded, with directions to sustain the demurrer and to dismiss the complaint upon the merits.

KERWIN, J., took no part.