KENNEDY-INGALLS CORP. v. MEISSNER


5 Wis.2d 100 (1958)

KENNEDY-INGALLS CORPORATION, Plaintiff and Respondent, v. MEISSNER and another, Defendants and Respondents: A. O. SMITH CORPORATION, Intervenor and Appellant.

Supreme Court of Wisconsin.

October 7, 1958.


Attorney(s) appearing for the Case

For the appellant there was a brief by Porter, Johnson, Quale & Porter, attorneys, and James N. Johnson and Irving W. Zirbel of counsel, all of Milwaukee, and oral argument by Mr. Zirbel.

For the respondents there was a brief by Whyte, Hirschboeck, Minahan, Harding & Harland, attorneys, and Victor M. Harding and Martin R. Browning of counsel, all of Milwaukee, for the plaintiff-respondent Kennedy-Ingalls Corporation, and by Michael Klein and Rosenbaum & Rosenbaum, attorneys, and Arnold, Philipp & Murray of counsel, all of Milwaukee, for the defendants-respondents Roland E. Meissner and Associated Sales & Bag Company, and oral argument by Mr. Harding, Mr. Klein, and Mr. Suel O. Arnold.


CURRIE, J.

The two questions presented on this appeal are: (1) Do the facts as pleaded in Smith's proposed complaint and in Kennedy-Ingalls' amended complaint establish that Smith has been subrogated to part of Kennedy-Ingalls' cause of action against the defendants?

(2) If the foregoing question be answered in the affirmative, is Smith entitled as a matter of right, and not discretion, to intervene in the action...

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