Rice v. Cutler
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. This appeal was taken by Outler and Gonkey, two of the defendants, from a judgment in this action, rendered against them in favor of their co-defendant Higby. The questions at issue between the parties will sufficiently appear from the opinion of the court. as to the rule on the subject of rendering judgment between co-defendants, cited 2 Whit. Pr. (3d Ed.), 535-6; Norbury vs. Seeley, 4 How. Pr.
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APPEAL from the County Court of Milwaukee County. This appeal was taken by Outler and Gonkey, two of the defendants, from a judgment in this action, rendered against them in favor of their co-defendant Higby. The questions at issue between the parties will sufficiently appear from the opinion of the court. as to the rule on the subject of rendering judgment between co-defendants, cited 2 Whit. Pr. (3d Ed.), 535-6; Norbury vs. Seeley, 4 How. Pr. R., 73; Woodworth vs. Bellows, id., 24; Wells vs. Smith, 7 Abbott, 261, 265. 2. Counsel contended that the purchase of the receipts by Comstock was…
1Opinion of the Court
By the Court,
PAINE, J.
The plaintiffs in this ease sold to the defendant Comsto'ck a quantity of wheat, which they owned in the warehouse of the defendant Higby, and for which ^they held two warehouse receipts, each reciting that the wheat was “ deliverable to bearer ” on return of the receipt. They delivered the receipts to Comstock without indorsement. They aver that he made the purchase fraudulently, knowing that he *354was in an insolvent condition, without intending to pay, and knowing tbat tbe check which he gave as cash in payment would be dishonored for want of funds.
They also aver that he…
2Cases cited4 opinions
- People's Ferry Company of Boston v. BeersSupreme Court of the United States · 1858
- Wilkes & Fontaine v. FerrisNew York Supreme Court · 1810
- Shufeldt v. PeaseWisconsin Supreme Court · 1863
- Horr v. BarkerCalifornia Supreme Court · 1857
3Cited by10 opinions
- Alabama State Bank v. BarnesSupreme Court of Alabama · 1886
- Shepardson v. CaryWisconsin Supreme Court · 1871
- F. J. Dewes Brewery Co. v. MerrittMichigan Supreme Court · 1890
- Price v. Wisconsin Marine & Fire InsuranceWisconsin Supreme Court · 1877
- Hale v. Milwaukee Dock Co.Wisconsin Supreme Court · 1872
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