Peters v. Kanzenbach
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Columbia county: Chester A. Fowler, Circuit Judge. The appeal is from a judgment dismissing the complaint, with costs, judgment having been entered pursuant to a directed verdict. One A. J. Weir, alleged to be the owner of a valid claim for $60 ágainst the defendant, placed the same in the hands of the plaintiff, a collection agent, for collection.
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Appeal from a judgment of the circuit court for Columbia county: Chester A. Fowler, Circuit Judge. The appeal is from a judgment dismissing the complaint, with costs, judgment having been entered pursuant to a directed verdict. One A. J. Weir, alleged to be the owner of a valid claim for $60 ágainst the defendant, placed the same in the hands of the plaintiff, a collection agent, for collection. The defendant called upon the plaintiff while the plaintiff had such claim for collection, and entered into an arrangement with him by the terms of which the plaintiff executed and handed to the…
1DissentEschweiler, J.
I cannot agree with the disposition made of this case by the court.
The subject matter of this litigation i^ a debt of $60 al*606leged to be owing by defendant. If there was such a debt he either owed it to plaintiff by reason of the giving of the note upon which the suit was brought or else to Weir upon the original obligation. These two alternatives could as well and better be disposed of in this action by bringing in Weir as a party than by following the practice now silently approved by the majority opinion. If the action had been brought by Weir and the fact of the giving of the note to…
2Cases cited7 opinions
- Brovan v. KyleWisconsin Supreme Court · 1917
- Hemenway v. BeecherWisconsin Supreme Court · 1909
- Lumbermen's National Bank of Menominee v. CorriganWisconsin Supreme Court · 1918
- Swanby v. Northern State BankWisconsin Supreme Court · 1912
- Burkhardt Milling & Electric Power Co. v. City of HudsonWisconsin Supreme Court · 1916
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