National Distilling Co. v. Cream City Importing Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The complaint in this action is for a balance of $1,148.72, due for goods, wares, and merchandise, to wit, alcohol, spirits, whisky, etc., sold and delivered to the defendant at its special instance and request.
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APPEAL from the Circuit Court for Milwaukee County. The complaint in this action is for a balance of $1,148.72, due for goods, wares, and merchandise, to wit, alcohol, spirits, whisky, etc., sold and delivered to the defendant at its special instance and request. The answer is to the effect that the plaintiff, prior to the sale and delivery of the goods, entered into an agreement with divers firms and corporations residing in different states for the purpose of forming a trust or conspiracy, whereby they agreed, combined, confederated, and associated themselves together for that purpose, and…
1Opinion of the CourtPiNNey, J.
1. Taking the allegations of the first defense in their most liberal sense, it is apparent that they are irrelevant and have no legal relation to the controversy between the parties to the action, which is whether the plaintiff shall recover the demand set forth in its complaint. It is obvious that they state no defense to the action; and it does not appear that any of the matters so set up can be material in any aspect of the case as now presented, but they are of such a character that they may embarrass and prejudice the plaintiff in preparing for trial and in maintaining its action upon…
2Cases cited3 opinions
- Brooks v. MartinSupreme Court of the United States · 1864
- Horton v. ArnoldWisconsin Supreme Court · 1863
- Joint School District No. 7 v. KemenWisconsin Supreme Court · 1886
3Cited by26 opinions
- Martin v. SmithWisconsin Supreme Court · 1941
- Weco Products Co. v. Reed Drug Co.Wisconsin Supreme Court · 1937
- Pulp Wood Co. v. Green Bay Paper & Fiber Co.Wisconsin Supreme Court · 1914
- International Harvester Co. of America v. Eaton Circuit JudgeMichigan Supreme Court · 1910
- Dennehy v. McNultaCourt of Appeals for the Seventh Circuit · 1898
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