Hubbard v. Ferry
Wisconsin Supreme Court
Abbeal from a judgment of tbe circuit court for Eau Claire county: JohN K. Rakish, Judge. Plaintiff and defendant were equal partners in a retail jewelry business from October 1, 1900, until March, 1906, defendant being the active manager of the business, and plaintiff, wbo was a practicing lawyer, taking no part therein.
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Abbeal from a judgment of tbe circuit court for Eau Claire county: JohN K. Rakish, Judge. Plaintiff and defendant were equal partners in a retail jewelry business from October 1, 1900, until March, 1906, defendant being the active manager of the business, and plaintiff, wbo was a practicing lawyer, taking no part therein. At the latter date plaintiff .sold out to the defendant, giving him a written bill of sale .conveying all his interest in the “stock, fixtures, and accounts.” Defendant continued the business under the same name of J. G. Perry & Co. Throughout most of the partnership period…
1Opinion of the CourtDodge, J.
It is in our view unnecessary to discuss the propriety of the reformation of the bill of sale. We deem that action unnecessary and therefore immaterial. It would be doing great violence to the ordinary use of terms to consider a mere formal transfer of “stock, fixtures, and accounts” in a going retail business to include an unknown and an unsuspected liability of an embezzler of either the property or the moneys of the concern, and there is nothing amongst the surrounding circumstances to warrant extending the natural construction of the words of the instrument to such an extent. Whether the…
2Cases cited3 opinions
- Somervaill v. McDermottWisconsin Supreme Court · 1903
- Lessel v. ZillmerWisconsin Supreme Court · 1900
- Chaffee v. ConwayWisconsin Supreme Court · 1905
3Cited by5 opinions
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- Goodman v. Brown Land & Lumber Co.Wisconsin Supreme Court · 1924