W. E. Smith Lumber Co. v. Estate of Fitzhugh
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eau Claire county: A. H. Reid, Judge. Action to establish claim against the estate of one joint debtor. The facts will be stated only so far as is necessary to present the questions raised on this 'appeal.
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Appeal from a judgment of the circuit court for Eau Claire county: A. H. Reid, Judge. Action to establish claim against the estate of one joint debtor. The facts will be stated only so far as is necessary to present the questions raised on this 'appeal. It appears that on or about April 16, 1902, C. W. Hunter & Company, a copartnership consisting of C. W. Hunter and E. W. Tschudy, entered into a contract in writing with W. E. Smith Lumber Company, a Wisconsin corporation, by the terms of wbicb Hunter & Company agreed to sell to tbe Smith Lumber Company all of tbe merchantable lumber wbicb…
1Opinion of the CourtRosekberry, J.
The errors relied upon are three: (1) The court erred in rendering judgment against the defendant until plaintiff had exhausted its remedy against the surviving partner of the firm of O. W. Hunter & Company. *358(2) Tbe court erred in refusing, to require the surviving partner of 0. W. Hunter & Company to be made a party to this action. (3) The court erred in its construction of the contract as to the paylnent of interest by 0. W. Hunter & Company.
The first and second assignments of error are discussed together, and involve a construction of sec. 3848, Stats., which is as follows:
“When two or…
2Cases cited8 opinions
- Lawrence v. Trustees of Leake & Watts Orphan HouseNew York Supreme Court · 1845
- Voorhis v. . Childs'New York Court of Appeals · 1858
- Wilder v. KeelerNew York Court of Chancery · 1831
- Pope v. . ColeNew York Court of Appeals · 1873
- Austin v. Saveland's EstateWisconsin Supreme Court · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Estate of BloomerWisconsin Supreme Court · 1958