Friend Bros. Clothing Co. v. Hulbert
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Sauk county: B. Gr. Siebeckeb, Circuit Judge. contended, inter alia, that the modification of the rule requiring a vendor who elects to rescind a contract of sale to rescind in toto, adopted in Bhode Island and Nebraska {Sisson, Potter & Co. v. Ilill, 18 B. I. 212; Syms v. Benner, 31 Neb. 593), by which equitable principles have been applied in replevin, is contrary'to the great weight of authority.
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Appeal from a judgment of the circuit court for Sauk county: B. Gr. Siebeckeb, Circuit Judge. contended, inter alia, that the modification of the rule requiring a vendor who elects to rescind a contract of sale to rescind in toto, adopted in Bhode Island and Nebraska {Sisson, Potter & Co. v. Ilill, 18 B. I. 212; Syms v. Benner, 31 Neb. 593), by which equitable principles have been applied in replevin, is contrary'to the great weight of authority. Sisson, Potter ds Co. v. Hill, 21 L. B. A. 206, note; Cóbb v. Hatfield, 46 N. T. (Ann. ed.), 534, note; Could v. Cayuga Co. Hat. Banle, 86 N. T 75.
1Opinion of the Court
Oassoday, O. J.
The complaint alleges, substantially, that the plaintiff is a corporation created and existing under the laws of this state; that Ered, Barney, and Otto Katzky were doing business as copartners, under the firm name of Ered Katzky & Bros., at Baraboo; that March 29, 1895, and at various times after that date and up to November 5, 1895, Katzky Bros, stated to representatives of the plaintiff, and to various mercantile agencies which were established for the purpose of obtaining statements and information from merchants and others desiring to obtain goods on credit, as a basis of…
2Cases cited16 opinions
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- Hammond v. . PennockNew York Court of Appeals · 1874
- Nichols v. . MichaelNew York Court of Appeals · 1861
- Guckenheimer v. . AngevineNew York Court of Appeals · 1880
- Lee v. SimmonsWisconsin Supreme Court · 1886
11 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Ludington v. PattonWisconsin Supreme Court · 1901
- Hart v. MoultonWisconsin Supreme Court · 1899
- Bowe v. GageWisconsin Supreme Court · 1906
- Gay v. OsborneWisconsin Supreme Court · 1899
- Fosila v. O'DonnellWisconsin Supreme Court · 1904
6 more not listed; retrieve them via the Exa API.