Barker v. Lynch
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland County. The following statement of the case was prepared by Mr. Justice Taylob as a part of the opinion: The respondent brought an action against Bernard Lynch to recover upon a note executed by him in April, 1887, for the sum of $400, and in such action John H, Knight was summoned as garnishee. The garnishee answered, denying any indebtedness to said Bernard Lynch. The plaintiff took issue upon bis answer.
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APPEAL from the Circuit Court for Ashland County. The following statement of the case was prepared by Mr. Justice Taylob as a part of the opinion: The respondent brought an action against Bernard Lynch to recover upon a note executed by him in April, 1887, for the sum of $400, and in such action John H, Knight was summoned as garnishee. The garnishee answered, denying any indebtedness to said Bernard Lynch. The plaintiff took issue upon bis answer. Upon the trial of the issue between the garnishee and the plaintiff, the garnishee, Knight, admitted that he was indebted upon a certain contract…
1Opinion of the CourtTaylob, J.
We think it is very clear that, upon the evidence introduced in this action, as between Knight and Bernard Lynch, no debt nor-sum of money was shown to be due upon said contract from Knight to Bernard Lynch. On the face of the contract, and by the terms thereof, there is clearly nothing due to Bernard, and we find nothing in the evidence which tends to prove that there has ever been any transfer of the money' due or to become due on said contract from Elizabeth Lynch to Bernard Lynch, and in the absence of any such evidence the money must be due to Elizabeth and not to Bernard. The only…
2Cases cited1 opinion
- Brickley v. WalkerWisconsin Supreme Court · 1887
3Cited by4 opinions
- Fuller & Fuller Co. v. McHenryWisconsin Supreme Court · 1892
- Fife v. City of OshkoshWisconsin Supreme Court · 1895
- Badger Lumber Co. v. SternWisconsin Supreme Court · 1905
- Emerson-Talcott Co. v. KnappWisconsin Supreme Court · 1895