McKindly v. Dunham
Wisconsin Supreme Court
APPEAL from the Circuit Court for Green Lake County. Action to recover the purchase price of 1,000 cigars sold and delivered to the defendant. The answer alleged payment in full. The facts as they appeared in evidence and the proceedings upon the trial sufficiently appear from the head-notes and the opinion. There was a verdict for the defendant and from a judgment thereon, the plaintiffs appealed.
1Opinion of the CourtORtost, J.
A short time before August 11, 1819, one W. L. Kilhourn called upon the defendant at Berlin,'Wisconsin, exhibited the cai’ds of the plaintiffs’ house in Chicago, and solicited and obtained from the defendant an order for 1,000 cigars of a certain brand upon, and sent the same to, the plaintiffs, and the plaintiffs on that day shipped the cigars and sent the bill thereof (of $30 at sixty days) to, and they were duly received by, the defendant. About thirty days* thereafter the said Kilhourn called upon the defendant and ashed him “if he would just as soon pay him for those cigars as not,”' and…
2Cases cited6 opinions
- Higgins v. . MooreNew York Court of Appeals · 1866
- Mamlock v. FairbanksWisconsin Supreme Court · 1879
- Clark v. SmithIllinois Supreme Court · 1878
- Kornemann v. MonaghanMichigan Supreme Court · 1871
- Johnson v. FilkingtonWisconsin Supreme Court · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Angerosa v. White Co.Appellate Division of the Supreme Court of the State of New York · 1936
- Gould v. Cates Chair Co.Supreme Court of Alabama · 1906
- State v. WillinghamWyoming Supreme Court · 1900
- Lakeside Press & Photo-Engraving Co. v. CampbellSupreme Court of Florida · 1897
- Nolin Milling Co. v. White Grocery Co.Court of Appeals of Kentucky · 1916
19 more not listed; retrieve them via the Exa API.