Payne v. Payne
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Columbia county: Chbsteb, A. Fowler, Circuit Judge. Plaintiff brings tbis action to enforce contribution against tbe defendants for tbeir failure to perform tbe obligations of a contract, made by bimself and wife and tbe defendants, for tbe support of Bridget Cuddy, wbo is tbe mother of bis wife and tbe defendant Catherine Payne'. He alleges that by reason of tbe defendants’ failure to perform tbeir part of tbis contract be was…
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Appeal from a judgment of tbe circuit court for Columbia county: Chbsteb, A. Fowler, Circuit Judge. Plaintiff brings tbis action to enforce contribution against tbe defendants for tbeir failure to perform tbe obligations of a contract, made by bimself and wife and tbe defendants, for tbe support of Bridget Cuddy, wbo is tbe mother of bis wife and tbe defendant Catherine Payne'. He alleges that by reason of tbe defendants’ failure to perform tbeir part of tbis contract be was compelled to support Mrs. Cuddy and to incur expenses in excess of bis proportion under it, and be therefore demands…
1Opinion of the Court
The following opinion was filed October 9, 1906:
SiEKEOEER, J.
Plaintiff rests his right to recovery upon an implied obligation flowing from the contract for Mrs, Cuddy’s support and care, under which the plaintiff and each one of the other parties was bound in the same degree to discharge the common burden. He avers that for more than six *454years before tbe commencement of this action, he in fact discharged this obligation alone, and he demands that the defendants contribute their shares by reimbursing him for the excess he has paid on account of their failure to perforin their part of the…
2Cases cited14 opinions
- Wood v. LakeWisconsin Supreme Court · 1860
- Canfield v. Watertown Fire InsuranceWisconsin Supreme Court · 1882
- Bushnell v. BushnellWisconsin Supreme Court · 1890
- Mason v. PierronWisconsin Supreme Court · 1885
- Citizens Loan & Trust Co. v. WitteWisconsin Supreme Court · 1902
9 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Azzolina v. Order of the Sons of ItalySupreme Court of Connecticut · 1935
- Will of Mechler v. LuettgerodtWisconsin Supreme Court · 1944
- Barrows v. Leath & Co.Wisconsin Supreme Court · 1950