Grafton v. Hinkley
Wisconsin Supreme Court
Appeals from, a judgment of the circuit court for Fond du lac county: Miohael KibwaN, Circuit Judge. This action is to recover $2,033.88, with interest from December 18, 1897, as damages for the breach of an agreement in writing made and entered into June 1,1895, by and between the plaintiff, Mr. Grafton, and the defendants, J. W. HmMey and Harry Powers, as copartners under the firm name of Hinkley & Powers, wherein and whereby that .firm agreed, in effect, to furnish all…
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Appeals from, a judgment of the circuit court for Fond du lac county: Miohael KibwaN, Circuit Judge. This action is to recover $2,033.88, with interest from December 18, 1897, as damages for the breach of an agreement in writing made and entered into June 1,1895, by and between the plaintiff, Mr. Grafton, and the defendants, J. W. HmMey and Harry Powers, as copartners under the firm name of Hinkley & Powers, wherein and whereby that .firm agreed, in effect, to furnish all the material and perform all the work required in the construction and erection of a stone and brick seminary building for…
1Opinion of the CourtCassoday, C. J.
Before the plaintiff had rested his case, and during the cross-examination of Mr. Conover,— one of the architects mentioned, and a witness on the part of the plaintiff,— the trial court ruled that the judgment in the lien suit in favor of Grafton Hall was conclusive, not only on the firm of Hinkley & Powers, but also on their sureties, two of the defendants in this action. In pursuance of such ruling, that court struck out all such cross-examination as related to the alleged counterclaim of Hinkley & Powers, and also excluded all evidence as to such counterclaim. The important question here…
2Cases cited25 opinions
- Smith v. . MollesonNew York Court of Appeals · 1896
- Benjamin v. HillardSupreme Court of the United States · 1860
- Bridgeport Fire & Marine Insurance v. WilsonNew York Court of Appeals · 1866
- Ulster County Savings Institution v. YoungNew York Court of Appeals · 1899
- Saveland v. GreenWisconsin Supreme Court · 1875
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3Cited by14 opinions
- Rowell v. SmithWisconsin Supreme Court · 1905
- Roberts v. Security Trust & Savings BankCalifornia Supreme Court · 1925
- Cowles v. United States Fidelity & Guaranty Co.Washington Supreme Court · 1903
- City of Madison v. American Sanitary Engineering Co.Wisconsin Supreme Court · 1903
- Goldberg v. Sisseton Loan & Title Co.South Dakota Supreme Court · 1909
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