Gimbel Bros. v. Kelly
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: John J. Gregory, Circuit Judge. Partnership. The plaintiff commenced this action against the defendants as copartners to recover $498.07, the value of certain merchandise furnished by the plaintiff to the firm in connection'with the operation of a business under the style of Marjory O’Farrell’s Beauty Shop. The plaintiff had judgment in the civil court for the amount claimed, with interest and costs.
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Appeal from a judgment of the circuit court for Milwaukee county: John J. Gregory, Circuit Judge. Partnership. The plaintiff commenced this action against the defendants as copartners to recover $498.07, the value of certain merchandise furnished by the plaintiff to the firm in connection'with the operation of a business under the style of Marjory O’Farrell’s Beauty Shop. The plaintiff had judgment in the civil court for the amount claimed, with interest and costs. On the hearing in the circuit court the judgment of the civil court was reversed, and the case remanded to the civil court with…
1Opinion of the CourtRosenberry, J.
It is the claim of the plaintiff that the partnership of the defendants is established as a fact, and second, that, failing the establishment of the partnership as a fact, the defendants are by their conduct estopped from denying the existence of the partnership.
No useful purpose would be served by setting out at length the details upon which these claims are based. We ha.ve made a careful examination of the record, from which we are convinced that the circuit court was right in holding that there was no evidence of partnership as a fact, and no evidence of partnership by way of estoppel.
It…
2Cited by1 opinion
- Zbikowski v. StrazWisconsin Supreme Court · 1940