Dockery v. McLellan
Wisconsin Supreme Court
Appeal from a judgment of the circuit court fot Ashland county: Johk Goodland, Judge. This action was brought to enforce a claim on the part of' the plaintiff for one third of a one-half share of the defendant McLellan in the profits under certain contracts between the defendant A. J. Grant and the city of Ashland for paving Third street, and in the profits of which said Grant and McLellan were equally interested.
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Appeal from a judgment of the circuit court fot Ashland county: Johk Goodland, Judge. This action was brought to enforce a claim on the part of' the plaintiff for one third of a one-half share of the defendant McLellan in the profits under certain contracts between the defendant A. J. Grant and the city of Ashland for paving Third street, and in the profits of which said Grant and McLellan were equally interested. The contract with the' city had been assigned in 1893 by Grant to the Security Savings Bank of Ashland, as security for advances made to enable the parties to perform their…
1Opinion of the CourtPinney, J.
1. The contract and contemporaneous assignment are in clear and explicit terms. At the time they were executed, Grant, in whose name the contracts with the city stood, had already pledged them to the Security Savings Bank as collateral for a large sum obtained and used in carrying on the work of paving during the previous year, and in his own lumbering operations as well. McLellan was unable to raise his half of the necessary money in order to carry on the paving to completion. For that reason, *387Grant was likely to exclude him from tbe benefits of wbat were believed to be very profitable…
2Cases cited7 opinions
- Taylor v. BemissSupreme Court of the United States · 1884
- Ford v. . HarringtonNew York Court of Appeals · 1857
- Fisher v. . BishopNew York Court of Appeals · 1888
- Fowler v. . CallanNew York Court of Appeals · 1886
- Allard v. LamirandeWisconsin Supreme Court · 1872
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3Cited by13 opinions
- Hill v. HallMassachusetts Supreme Judicial Court · 1906
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