Cook v. Goodyear
Wisconsin Supreme Court
APPEAL from the Circuit Court .for Portage County. The following statement of the case was prepared by Mr. Justice Cassoday: It appears from the record, in effect, that, October 24, 1887, the principal defendant, McNutt, entered into a contract with G-eorge Hiles & Son, wherein and whereby he agreed to cut, log, saw, and place upon the cars, ready for shipment,-at Cary Station, in Wood county, 10,000,000 feet of lumber, to be cut from lands furnished by George Hiles &' Son,…
Read the full summary
APPEAL from the Circuit Court .for Portage County. The following statement of the case was prepared by Mr. Justice Cassoday: It appears from the record, in effect, that, October 24, 1887, the principal defendant, McNutt, entered into a contract with G-eorge Hiles & Son, wherein and whereby he agreed to cut, log, saw, and place upon the cars, ready for shipment,-at Cary Station, in Wood county, 10,000,000 feet of lumber, to be cut from lands furnished by George Hiles &' Son, within an average haul of two miles from said station, to be hauled, sawed, piled, and loaded at the rate of 2,000,000…
1Opinion of the CourtCassoday, J.
The court properly' excluded a deed of the land, said to have been executed and delivered by George Hiles and wife to,the Wisconsin Land & Town Site Company, May 24, 1886, but which was never recorded. That *611company is not a party to this action, and, of course, makes no claim to the land. In its absence, we do not feel warranted in determining whether the plaintiff’s claim for a lien is protected, as against that company, by the registry law, as argued by counsel. Secs. 2241, 2242, R. S.; Cutler v. James, 64 Wis. 173. Nor is it necessary. The plaintiff was not bound to allege or prove that…
2Cases cited7 opinions
- Willer v. BergenthalWisconsin Supreme Court · 1880
- North v. La FleshWisconsin Supreme Court · 1889
- Cutler v. JamesWisconsin Supreme Court · 1885
- Kerrick v. RugglesWisconsin Supreme Court · 1890
- Heath v. SollesWisconsin Supreme Court · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Williams v. LaneWisconsin Supreme Court · 1894
- Gilchrist v. FoxenWisconsin Supreme Court · 1897
- Potter v. ClineIndiana Court of Appeals · 1974
- J. B. Alfree Manufacturing Co. v. HenryWisconsin Supreme Court · 1897
- Rohn v. CookWisconsin Supreme Court · 1917
3 more not listed; retrieve them via the Exa API.