Kimball v. Noyes
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. The case is stated by the court. Judgment in the court below for the plaintiff, that he recover of Noyes and Davis the sum of, &c., and that the action be dismissed as to Flertzheim and Kimball without prejudice to the judgment previously recovered against them jointly with Noyes.
Read the full summary
APPEAL from the County Court of Milwaukee County. The case is stated by the court. Judgment in the court below for the plaintiff, that he recover of Noyes and Davis the sum of, &c., and that the action be dismissed as to Flertzheim and Kimball without prejudice to the judgment previously recovered against them jointly with Noyes. Noyes and Davis appealed. 1. Upon tbe record, as it stands, the “real parties in interest,” who alone can sue on this bond, are Kimball and Flertz-heim. The respondent shows no assignment of the bond to him; he shows no judgmopt, order or decree of any court…
1Opinion of the Court
By the Court,
Paine, J.
Noyes, Flertzheim and Kimball composed a firm-dealing in furniture. They were indebted to the plaintiff and others. Flertzheim and Kimball sold out their interest to Noyes, and he agreed to assume and pay certain debts of the firm, among others that of the plaintiff, and to give se*698curity for sucb payment. He accordingly gave a bond with tbe defendant Davis as surety, conditioned for tbe payment of those debts and to save Kimball and Flertzheim harmless from all costs, damages &c.
This action was brought by the plaintiff originally against Flertzheim and Kimball as well as…
2Cases cited5 opinions
- Keeler v. Niagara Fire InsuranceWisconsin Supreme Court · 1863
- Mills v. BrownCourt of Appeals of Kentucky · 1859
- General Mutual Insurance v. BensonThe Superior Court of New York City · 1855
- Hale v. BoardmanNew York Supreme Court · 1858
- Commonwealth v. AnthonyCourt of Appeals of Kentucky · 1859
3Cited by13 opinions
- Electric Appliance Co. v. United States Fidelity & Guaranty Co.Wisconsin Supreme Court · 1901
- Kollock v. ParcherWisconsin Supreme Court · 1881
- Houghton v. MilburnWisconsin Supreme Court · 1882
- Nixv v. WiswellWisconsin Supreme Court · 1893
- Grant v. Diebold Safe & Lock Co.Wisconsin Supreme Court · 1890
8 more not listed; retrieve them via the Exa API.