Danaher v. Prentiss
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Action in the nature of a hill of interpleader, and for an account, etc., brought by Danaher and Rooney against Pren-tiss, Rodway, Power, Furlong and another. It appears that plaintiffs were garnished on the 2d of August, 1864, in an action by Prentiss against Power, for about $1,700, on a note for money loaned.
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APPEAL from the Circuit Court for Milwaukee County. Action in the nature of a hill of interpleader, and for an account, etc., brought by Danaher and Rooney against Pren-tiss, Rodway, Power, Furlong and another. It appears that plaintiffs were garnished on the 2d of August, 1864, in an action by Prentiss against Power, for about $1,700, on a note for money loaned. The alleged ground of their liability was, that as assignees of a certain contract between Power and a railroad company, they were indebted to him for his share of the net profits of the contract. By the terms of the assignment, a…
1Opinion of the CourtUxxojst, C. J.
Assuming, as the vice-chancellor did in Hamilton v. Marks, 19 Eng. Law and Eq. R., 321, that the only matter litigated, or which could be litigated, in the suit at law, was the quantum of demand, that case was no doubt correctly enough decided. But it seems to me that the vice-chancellor erred in assuming this, and in excluding entirely from his consideration the question of estoppel by judgment presented by the case. It appears from the report, that the plaintiff in the the bill of interpleader had applied to the court of law, by motion, to have the verdict set aside, and for a new trial, on…
2Cases cited2 opinions
- Simpson v. HartNew York Court of Chancery · 1814
- Prentiss v. DanaherWisconsin Supreme Court · 1866
3Cited by12 opinions
- Gray v. BartonMichigan Supreme Court · 1886
- Earl v. MatheneyIndiana Supreme Court · 1877
- Roberts v. WeadockWisconsin Supreme Court · 1898
- Jahn v. Champagne Lumber Co.U.S. Circuit Court for the District of Western Wisconsin · 1908
- Smith v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1892
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