Rowell v. Smith
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Portage county: Chas. M. Webb, Circuit Judge. Action for equitable relief.
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Appeal from a judgment of tbe circuit court for Portage county: Chas. M. Webb, Circuit Judge. Action for equitable relief. Plaintiff sold one Groodrick 470 shares of tbe capital stock of tbe Yalley Iron Works Manufacturing Company, and A. L. Smith, since deceased,. 1J0 shares of such stock under an agreement that tbe purchase price to the former amounting to $5,000, should be paid in accordance with five $1,000 notes due in two, three, four, five and six years, the first three thereof to be guarantied by said Smith. Pursuant to the verbal agreement in that regard plaintiff delivered the…
1Opinion of the CourtMarshall, J.
The logical treatment of this appeal seems to require the contention of respondent’s counsel that the decision in the action to enforce the four-year note is a bar to any relief in this action upon principles of res adjucficaia to be first considered. The scope of such principles has been too often pointed out to require more than a statement there*516of at this time. A judgment whether pleaded in bar, or given, in evidence in estoppel, as to every question within the issues in the cause wherein it was rendered, whether actually presented and solved or not, as between the parties to the…
2Cases cited37 opinions
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
- Davis v. PatrickSupreme Court of the United States · 1891
- Hart v. MoultonWisconsin Supreme Court · 1899
- Bank of Hartford County v. WatermanSupreme Court of Connecticut · 1857
- Fuller-Warren Co. v. HarterWisconsin Supreme Court · 1901
32 more not listed; retrieve them via the Exa API.
3Cited by77 opinions
- American Process Co. v. Florida White Pressed Brick Co.Supreme Court of Florida · 1908
- Prall v. PrallSupreme Court of Florida · 1909
- Boise Development Co. v. Boise CityIdaho Supreme Court · 1917
- U.S. Oil Co. v. Midwest Auto Care Services, Inc.Court of Appeals of Wisconsin · 1989
- Lindemann v. RuskWisconsin Supreme Court · 1905
72 more not listed; retrieve them via the Exa API.