Jenkins v. Davis
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Action by James Jenlcins, O. F. /Swift and J. H. Jenkins against G. W. Davis, David Jones and A. E. Crane, for the sum of $1,327.83, alleged to be due the plaintiffs from the defendants for “goods, wares and merchandise and personal property,” sold and. delivered by the former to the latter about December 21, 1872, at Oshkosh, in' this state.
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APPEAL from the Circuit Court for Winnebago County. Action by James Jenlcins, O. F. /Swift and J. H. Jenkins against G. W. Davis, David Jones and A. E. Crane, for the sum of $1,327.83, alleged to be due the plaintiffs from the defendants for “goods, wares and merchandise and personal property,” sold and. delivered by the former to the latter about December 21, 1872, at Oshkosh, in' this state. The complaint alleges that, at the time of such sale and delivery, the plaintiffs were partners in business under the name of J. Jenkins &Co.; that the defendants were also partners in business at the…
1Opinion of the CourtOrton, J.
The referee was clearly warranted from the evidence in finding that the plaintiffs, the two Jenkinses and one Swift, were partners, under the name of J. Jenkins & Co., and that the defendant Grane was not a member of said firm, when they *255owned and sold the property. The principal contention by the defendants was, that the plaintiffs sold the property to Grime alone, and not to the defendants Davis, Crane and Jones. It is insisted that at the time Grane purchased the property of the plaintiffs, the partnership of the defendants had not been formed, and was only in contemplation, and that Grane…
2Cases cited3 opinions
- Kelleher v. TisdaleIllinois Supreme Court · 1860
- Welsh v. SpeakmanSupreme Court of Pennsylvania · 1844
- Rippey v. EvansSupreme Court of Missouri · 1855