Woolsey v. Henke
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for St. Croix county: E. W. Helms, Circuit Judge. The complaint alleged, in the first paragraph, that “at all the times hereinafter mentioned the defendants were copart-ners, and doing business as a publishing company, under the firm name and style of Baldwin Publishing Company ;” that on July 10,1900, the plaintiff leased to the defendants certain premises, at $4 per month, for the term of five years; that plaintiff performed all…
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Appeal from a judgment of the circuit court for St. Croix county: E. W. Helms, Circuit Judge. The complaint alleged, in the first paragraph, that “at all the times hereinafter mentioned the defendants were copart-ners, and doing business as a publishing company, under the firm name and style of Baldwin Publishing Company ;” that on July 10,1900, the plaintiff leased to the defendants certain premises, at $4 per month, for the term of five years; that plaintiff performed all the covenants of said lease; that the defendants, pursuant to said lease, took possession and occupied the premises,…
1Opinion of the CourtDodgk, J.
The statute (sec. 4197, Stats. 1898) raises the irrebuttable presumption that the allegations are true whenever the pleadings allege “that the plaintiff or defendant or third persons were partners at any particular time.” The complaint in question alleges that the defendants were partners “at all the times hereinafter mentioned.” It then proceeds to mention a leasing on the 10th day of July, 1900, a taking possession by the defendants pursuant to said lease, and an occupation by them until twenty-eight months of rent had been earned. We cannot agree with the trial court that the only…
2Cases cited5 opinions
- Stowell v. EldredWisconsin Supreme Court · 1876
- Northern National Bank v. LewisWisconsin Supreme Court · 1891
- Kirschbon v. BonzelWisconsin Supreme Court · 1886
- Seaman v. AschermanWisconsin Supreme Court · 1883
- Cooper v. BloodWisconsin Supreme Court · 1853
3Cited by4 opinions
- Dinger v. FriedmanSupreme Court of Pennsylvania · 1924
- Zwietusch v. LuehringWisconsin Supreme Court · 1914
- Lawer v. KlineWyoming Supreme Court · 1928
- Rex Liquor Stores, Inc. v. McCartCourt of Appeals of Texas · 1941