Catlin & Powell Co. v. Schuppert
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Ashland county: Joi-iN K. Parish, Circuit Judge. Tbe circuit court for Ashland county in this action made findings and rendered judgment against tbe appellant on an agreed statement of facts. From admissions in tbe pleadings and tbe stipulated facts it appears that plaintiff is a New York corporation carrying on in tbe city of New York a general commission and brokerage business and buying and selling stocks and bonds.
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Appeal from a judgment of tbe circuit court for Ashland county: Joi-iN K. Parish, Circuit Judge. Tbe circuit court for Ashland county in this action made findings and rendered judgment against tbe appellant on an agreed statement of facts. From admissions in tbe pleadings and tbe stipulated facts it appears that plaintiff is a New York corporation carrying on in tbe city of New York a general commission and brokerage business and buying and selling stocks and bonds. Tbe complaint averred that the plaintiff at tbe city of New York, at tbe request of tbe defendant, purchased for defendant 1,000…
1Opinion of the CourtTimlin, J.
Findings are required to cover and settle controverted questions of fact, but where a fact is established by proper stipulation between the parties, or by admissions of the pleadings, a finding on the same fact is not necessary. Wilkinson v. Wilkinson, 59 Wis. 557, 18 N. W. 527; Sliter v. Carpenter, 123 Wis. 578, 102 N. W. 27; McKenzie v. Haines, 123 Wis. 557, 102 N. W. 33. A finding that the plaintiff was a foreign corporation which had failed to comply with the requirements of sec. 1770b, Stats. 1898, as amended by sec. 27, ch. 351, Laws of 1899, ch. 399, Laws of 1901, ch. 434, Laws of…
2Cases cited13 opinions
- Gibbons v. OgdenSupreme Court of the United States · 1824
- Smith v. TurnerSupreme Court of the United States · 1849
- Cooper Manufacturing Co. v. FergusonSupreme Court of the United States · 1885
- Ashland Lumber Co. v. Detroit Salt Co.Wisconsin Supreme Court · 1902
- Allen v. City of MilwaukeeWisconsin Supreme Court · 1906
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3Cited by15 opinions
- International Textbook Co. v. PetersonWisconsin Supreme Court · 1907
- Elwell v. Adder Machine Co.Wisconsin Supreme Court · 1908
- American Food Products Co. v. American Milling Co.Wisconsin Supreme Court · 1912
- Union Trust Co. of Maryland v. RodemanWisconsin Supreme Court · 1936
- Finkelstein v. Chicago & North Western Railway Co.Wisconsin Supreme Court · 1935
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