O'Niel v. Wm. B. H. Kerr Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Washington county: James J. Dick, Circuit Judge. Tbe plaintiff brought this action on a note given by the principal defendant, Heinrich Helmke, and recovered judgment thereon, and instituted this garnishment action to aid in the collection of the amount due on such judgment on the 2d day of January, 1902. The garnishee defendant, Michael Murphy, answered, alleging that at the time he was served with the summons herein there was…
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Appeal from a judgment of tbe circuit court for Washington county: James J. Dick, Circuit Judge. Tbe plaintiff brought this action on a note given by the principal defendant, Heinrich Helmke, and recovered judgment thereon, and instituted this garnishment action to aid in the collection of the amount due on such judgment on the 2d day of January, 1902. The garnishee defendant, Michael Murphy, answered, alleging that at the time he was served with the summons herein there was a balance due from him on account of milk delivered by defendant at his cheese factory between March 22, 1901, and…
1Opinion of the CourtSiebeceeR, J.
The controversy between the parties is over the legal effect of the order of defendant Helmke, whereby he authorized the garnishee, Murphy, to pay the Kerr Company, *236.all the money that might become due for milk delivered thereafter to Murphy’s factory. Does this order operate either .as an assignment of, or create an equitable lien on, the proceeds of the milk delivered to Murphy after the order was .given ? The court found that since this order was given by Helmke to obtain credit from the Kerr Company for the purchase of goods and merchandise at their store, and such credit was extended to…
2Cases cited9 opinions
- Low v. PewMassachusetts Supreme Judicial Court · 1871
- Hunter v. BosworthWisconsin Supreme Court · 1878
- Huling, Brockerhoff & Co. v. CabellWest Virginia Supreme Court · 1876
- Single v. PhelpsWisconsin Supreme Court · 1866
- Chynoweth v. TenneyWisconsin Supreme Court · 1860
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3Cited by5 opinions
- Engeldinger v. Swift & Co.Supreme Court of Iowa · 1930
- Trust Co. of America v. City of RhinelanderU.S. Circuit Court for the District of Western Wisconsin · 1910
- Wisconsin Foundry & Machine Co. v. Capital City Canning Co.Wisconsin Supreme Court · 1929
- Black Hawk State Bank v. AccolaWisconsin Supreme Court · 1927
- Kohler Improvement Co. v. PrederWisconsin Supreme Court · 1935