North Baltimore Bottle Glass Co. v. Altpeter
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: LaweeNce W. Halsey, Circuit Judge. Plaintiff is an Ohio corporation engaged in the manufacture of glass bottles. The defendant Alipeter was a manufacturer of soda water and weiss beer in Milwaukee, and some time before July 28, 1896, ordered from plaintiff “one hundred gross \ pint soda bottles” and other bottles, to be delivered at Milwaukee.
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Appeal from a judgment of the circuit court for Milwaukee county: LaweeNce W. Halsey, Circuit Judge. Plaintiff is an Ohio corporation engaged in the manufacture of glass bottles. The defendant Alipeter was a manufacturer of soda water and weiss beer in Milwaukee, and some time before July 28, 1896, ordered from plaintiff “one hundred gross \ pint soda bottles” and other bottles, to be delivered at Milwaukee. The bottles were shipped to Milwaukee, but the plaintiff refused to deliver them before payment. On July 28, 1896, the defendant Altpeter executed and delivered to plaintiff three notes…
1Opinion of the CourtSiebeckee, J.
The judgment rendered in the circuit court on the $200 note, prior to the order of consolidation of the actions, is in no way impeached as to its validity, .It must be presumed that the order vacating it upon condition that Alpetei pay the sums specified in the order was not complied with, since the judgment was entered after the expiration of the period given Altpeter to prevent its entry upon the verdict by the payment of the sums so ordered. Nor does the record disclose that any steps were taken by him to comply with the court’s directions in this respect.
Defendants’ nonappearance upon the…
2Cases cited2 opinions
- Ressequie v. ByersWisconsin Supreme Court · 1881
- Dudley v. StilesWisconsin Supreme Court · 1873
3Cited by3 opinions
- Nehring v. NiemerowiczWisconsin Supreme Court · 1937
- Kassien v. MenakoWisconsin Supreme Court · 1955
- Ziehme v. SimmsSupreme Court of Minnesota · 1909