Eastman v. Bennett
Wisconsin Supreme Court
ERROR TO POND DU DAO CIRCUIT COURT. This was an action of assumpsit commenced by declaration in July, 1856. The declaration alleged that the plaintiffs were co-partners doing business under the name and firm of “ Bennett, White & Company,” on the first day of September, 1854, at the city of Boston, State of Massachusetts.
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ERROR TO POND DU DAO CIRCUIT COURT. This was an action of assumpsit commenced by declaration in July, 1856. The declaration alleged that the plaintiffs were co-partners doing business under the name and firm of “ Bennett, White & Company,” on the first day of September, 1854, at the city of Boston, State of Massachusetts. The cause of action is stated in the declaration to arise out of a letter and proposition to contract and guaranty, addressed by the defendant to the plaintiffs at the instance of one Alex. II. Clark. “ Which said letter and proposition to contract and “ guaranty, was in the…
1Opinion of the Court
By the Court,
Cold, J.
We are of the opinion that the- judg-mentinthis case should be affirmed. We cannot believe thátthe mistake of the name of the witness to be examined, which occurred in the notice served upon the attorneys of the plaintiff in error, could have possibly misled them. The name of the witness was correctly given in the interrogatories and rule served with the notice; and we suppose the notice itself was unnecessary under our practice. Neither do we discover any valid objection to the admission of the deposition of John E. Clarke. The communications between the plaintiff below…
2Cases cited3 opinions
- Rogers v. KneelandNew York Supreme Court · 1833
- Staats v. HowlettNew York Supreme Court · 1847
- Taylor v. PrattWisconsin Supreme Court · 1854
3Cited by17 opinions
- Hinchcliffe v. KoontzIndiana Supreme Court · 1890
- Sellar v. ClellandSupreme Court of Colorado · 1875
- Drovers' Deposit National Bank v. TichenorWisconsin Supreme Court · 1914
- Miami County National Bank v. GoldbergWisconsin Supreme Court · 1907
- Dahlman v. HammelWisconsin Supreme Court · 1878
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