Legal Opinion

Stearns v. Felker

Wisconsin Supreme Court

Decided June 15, 1871PublishedCited by 15 opinions

APPEAL from tbe Circuit Court for Winnebago County. Tbe plaintiff appealed from a judgment of nonsuit. Tbe ground upon wbicb sucb judgment was rendered, will appear from tbe opinion. argued tbat tbe agreement between tbe parties was not cbampertous (Fhallhimer v. Brinch-erhojf, 8 Cow., 648; 4 Blacks.

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APPEAL from tbe Circuit Court for Winnebago County. Tbe plaintiff appealed from a judgment of nonsuit. Tbe ground upon wbicb sucb judgment was rendered, will appear from tbe opinion. argued tbat tbe agreement between tbe parties was not cbampertous (Fhallhimer v. Brinch-erhojf, 8 Cow., 648; 4 Blacks. Comm., 185 ; 14 N. Y., 295,296; By an v. Martin, 16 Wis., 65); tbat wben a cbampertous agreement as to tbe prosecution of a former suit is relied upon as a defense to a distinct action, it must at least b e pleaded; and tbat plaintiff was entitled to recover notwithstanding sucb agreement,…

1Opinion of the CourtLyoN, J.

Action for money bad and received. Tbe complaint avers tbat tbe defendant is a practicing attorney; tbat on tbe 15th of October, 1869, be received from Bray and Armstrong eight hundred dollars to tbe use of tbe plaintiff; tbat due demand of payment thereof bad been made; and tbat tbe defendant has paid over but three hundred and sixty dollars of tbe said eight hundred dollars. This action is to recover sucb unpaid balance.

*596Tbe answer oí tbe defendant admits tbat be is a practicing attorney; tbat tbe plaintiff made tbe demands alleged in tbe complaint; and tbat be paid tbe plaintiff three…

2Cases cited4 opinions

  1. Ford v. . HarringtonNew York Court of Appeals · 1857
  2. Merritt v. LambertNew York Court of Chancery · 1843
  3. Wallis v. LoubatNew York Supreme Court · 1845
  4. Berrien v. McLaneNew York Court of Chancery · 1840

3Cited by15 opinions

  1. Matter of SnyderNew York Court of Appeals · 1907
  2. Watkins v. SedberrySupreme Court of the United States · 1923
  3. In Re the Estate of GilmanNew York Court of Appeals · 1929
  4. Alworth v. SeymourSupreme Court of Minnesota · 1890
  5. Brush v. City of CarbondaleIllinois Supreme Court · 1907

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