Legal Opinion

Beach v. Town of Neenah

Wisconsin Supreme Court

Decided September 26, 1895PublishedCited by 4 opinions

Appeal from a judgment of the circuit court for Winnebago county: Geo. W. Buehell, Circuit Judge. The facts are stated in the opinion. The plaintiff appeals from a judgment of nonsuit. to the point that the respondent would be liable on an implied contract, cited Nelson 'o.

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Appeal from a judgment of the circuit court for Winnebago county: Geo. W. Buehell, Circuit Judge. The facts are stated in the opinion. The plaintiff appeals from a judgment of nonsuit. to the point that the respondent would be liable on an implied contract, cited Nelson 'o. New Noth, 63 N. T. 535, 545; Argenti v. Sum Francisco, 16 Cal. 255; Athens v. Thomas, 82 Ill. 259; Kram/rath v. Albany, 127 N, Y. 575; Bank of Chillicothe v. OhilUcothe, 7 Ohio, 358; Buckley v. Derby F. Co. 2 Conn. 252. To the point that the town can only be chargeable for services of this kind when rendered by virtue of…

1Opinion of the CourtCassoday, C. J.

The plaintiff is a physician, and he brought this action to recover for services as such, in attending upon the family of one Wallace Sawyer, who were, at the time, alleged paupers having a settlement in the defendant town. The defendant denied all liability, and at the close of the plaintiff’s testimony the court granted a nonsuit on the ground that the evidence failed to establish an express contract of employment. From the judgment entered thereon accordingly, the plaintiff brings this appeal.

It appears from such evidence, in effect, that for some weeks prior to November 29,1891, the…

2Cases cited2 opinions

  1. Town of Dakota v. Town of WinneconneWisconsin Supreme Court · 1882
  2. Davis v. Town of ScottWisconsin Supreme Court · 1884

3Cited by4 opinions

  1. Patrick v. Town of BaldwinWisconsin Supreme Court · 1901
  2. St. Luke's Hospital Ass'n v. Grand Forks CountyNorth Dakota Supreme Court · 1898
  3. Elkey v. City of SeymourWisconsin Supreme Court · 1919
  4. Ogden City v. Weber CountyUtah Supreme Court · 1903

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