Legal Opinion

Bartlett v. Clough

Wisconsin Supreme Court

Decided October 13, 1896PublishedCited by 7 opinions

Appeal from a. judgment of the circuit court for St. Croix county: E. B. Bundy, Circuit Judge. Action to foreclose a mechanic’s lien for the plastering of a building. Defendant Phtmmer is the owner of the building and the land on which it was built. The work was done under the direction and procurement of defendant Clough, who was the agent of defendant Plummer for that purpose.

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Appeal from a. judgment of the circuit court for St. Croix county: E. B. Bundy, Circuit Judge. Action to foreclose a mechanic’s lien for the plastering of a building. Defendant Phtmmer is the owner of the building and the land on which it was built. The work was done under the direction and procurement of defendant Clough, who was the agent of defendant Plummer for that purpose. The plaintiff claims that Clough informed him, and he believed, that Clough and Plummer were partners in the enterprise, and seeks to hold them responsible as partners. The answer denies the partnership, and, while…

1Opinion of the CourtNewman, J.

The several alleged errors will be considered in the order in which they are numbered, so far as is practicable:

1. The wife of the defendant Olough was sworn as a witness, ostensibly on behalf of the defendant Plummer, and was asked if she had overheard a conversation between her husband and the plaintiff in regard to what the - contract was. Objection to the question was sustained. The plaintiff claimed that Clough and Plummer were liable to him as partners. So far as related to questions arising upon the contract, the defense of both defendants was the same. Clough’s wife could give no…

2Cases cited6 opinions

  1. Bentley v. DavidsonWisconsin Supreme Court · 1889
  2. Stewart v. StewartWisconsin Supreme Court · 1877
  3. Huse v. WashburnWisconsin Supreme Court · 1884
  4. Stiles v. Neillsville Milling Co.Wisconsin Supreme Court · 1894
  5. Evens & Howard Fire Brick Co. v. HadfieldWisconsin Supreme Court · 1896

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Roeske v. SchmittWisconsin Supreme Court · 1954
  2. Warren Webster & Co. v. Beaumont Hotel Co.Wisconsin Supreme Court · 1912
  3. Schneck v. Mutual Service Casualty InsuranceWisconsin Supreme Court · 1964
  4. Christian & Taylor v. FancherSupreme Court of Arkansas · 1921
  5. Charles Baumbach Co. v. LaubeWisconsin Supreme Court · 1898

2 more not listed; retrieve them via the Exa API.

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