23 Wis. 160 | Wis. | 1868
It appears to us that the complaint states a cause of action. It is alleged, among other things, that the defendant corporation was chartered and doing business under the laws
In the opinion which the county court gave in sustaining the demurrer to the complaint, it is assumed that this court, in effect, held, on the former appeal, that the action could not be maintained. This is a misapprehension of that decision. On the contrary, the clear and almost necessary implication from
The ease of the New England Fire and Marine Ins. Co. v. Robinson, 25 Ind. 536, is treated by the court as an action upon a parol contract of insurance, although possibly it might be maintained as an action against the company for a refusal
By the Court. — The order of the county court is reversed, and the cause remanded for further proceedings according to law.