Legal Opinion

Tyson v. Ranney

Wisconsin Supreme Court

Decided March 5, 1895PublishedCited by 8 opinions

Appeal from a judgment of the circuit court for Milwaukee county: D. H. JohNSON, Circuit Judge. The plaintiff is a married womah, the wife of one Mark Tyson. Mark Tyson was a member of a partnership under the style, Tyson, Conrad & Co. Tyson, Conrad & Co., by an agreement in writing, sold their business and plant, a sash and door factory, to another firm, consisting of the defendant Romney, John S. George, and Thomas Shea.

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Appeal from a judgment of the circuit court for Milwaukee county: D. H. JohNSON, Circuit Judge. The plaintiff is a married womah, the wife of one Mark Tyson. Mark Tyson was a member of a partnership under the style, Tyson, Conrad & Co. Tyson, Conrad & Co., by an agreement in writing, sold their business and plant, a sash and door factory, to another firm, consisting of the defendant Romney, John S. George, and Thomas Shea. They were to be paid for their business and plant by the conveyance of certain pine lands in Minnesota, and by certain stock in the new enterprise. The lands to be conveyed…

1Opinion of the Court

The following opinion was filed January 8, 1895:

MewmáN, J.

The decisive question in this case is whether the evidence shows that the plaintiff owns the cause of action on which the suit is founded. This depends on the other question whether, in buying those lands, Mark Tyson was acting for his wife, or whether he was acting for himself. Apparently he was acting for himself. He owned the property which he traded for the pine lands. ITe took the pine lands in exchange for his own property. He negotiated the trade for himself, without consultation with his wife and without her knowledge. He…

2Cases cited3 opinions

  1. Woodhull v. . RosenthalNew York Court of Appeals · 1875
  2. Ottumwa Woolen Mill Co. v. HawleySupreme Court of Iowa · 1876
  3. Ogden v. . JenningsNew York Court of Appeals · 1875

3Cited by8 opinions

  1. Fox v. HirschfeldAppellate Division of the Supreme Court of the State of New York · 1913
  2. Puffer v. WelchWisconsin Supreme Court · 1911
  3. Nilsen v. Farmers State Bank of Van HookSupreme Court of Minnesota · 1929
  4. Clough v. CookCourt of Chancery of Delaware · 1913
  5. Guilfoyle v. PierceAppellate Division of the Supreme Court of the State of New York · 1908

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