Saveland v. Green
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. This appeal was from an order striking out portions of tbe complaint as irrelevant and redundant.
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APPEAL from the Circuit Court for Milwaukee County. This appeal was from an order striking out portions of tbe complaint as irrelevant and redundant. Tbe complaint alleges that at tbe request of tbe defendant and for bim, tbe plaintiff, in bis own name, made a contract with George I. Jones & Co., of Milwaukee, by which he agreed to charter to that firm a certain vessel owned by the defendant, to carry a load of wheat from Milwaukee to Buffalo at the rate of ten cents per bushel; that the defendant, knowing the terms of such contract, agreed with the plaintiff that said vessel should be at…
1Opinion of the CourtLyon, J.
Without the averments stricken therefrom, the complaint states a cause of action. It alleges that the plaintiff made the charter contract with Jones & Co. in his own name, at the request of the defendant and for him; that by reason of the defendant’s failure to perform such contract, Jones & Co., sustained damages to the amount of $1,400; and that the plaintiff has paid the same. The plaintiff was personally liable to Jones & Co. for such damages, and he was not required to wait until he should be sued and a judgment recovered against him therefor, before he could pay them. It was competent…
2Cases cited7 opinions
- Robbins v. Chicago CitySupreme Court of the United States · 1867
- Chicago City v. RobbinsSupreme Court of the United States · 1863
- Clark v. Jeffersonville RailroadIndiana Supreme Court · 1873
- Feild v. FarringtonSupreme Court of the United States · 1870
- Somers v. SchmidtWisconsin Supreme Court · 1869
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Rowell v. SmithWisconsin Supreme Court · 1905
- Western Casualty & Surety Co. v. Milwaukee General Construction Co.Wisconsin Supreme Court · 1933
- Saveland v. GreenWisconsin Supreme Court · 1876
- Wisconsin Marine & Fire Insurance Co. Bank v. MannWisconsin Supreme Court · 1898
- Goldberg v. Sisseton Loan & Title Co.South Dakota Supreme Court · 1909
17 more not listed; retrieve them via the Exa API.