Johnson v. Vickers
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Barron county: A. J. Vinje, Circuit Judge. The action was brought to recover a sum alleged to be due on a subscription contract. At the close of the testimony the court directed a verdict in plaintiff’s favor, and from a judgment entered on such verdict this appeal is taken.
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Appeal from a judgment of the circuit court for Barron county: A. J. Vinje, Circuit Judge. The action was brought to recover a sum alleged to be due on a subscription contract. At the close of the testimony the court directed a verdict in plaintiff’s favor, and from a judgment entered on such verdict this appeal is taken. During the fall of 1906 certain parties circulated four subscription papers, alike in tenor and effect, which by their terms would constitute a single contract when completed. The purpose was to secure subscriptions to the amount of $14,000 to build a canning factory at…
1Opinion of the CourtBarnes, J.
The disposition of this appeal necessitates the consideration of the following questions: (1) Was the contract sued on assignable? (2) Was the question of its nonassignability raised by the pleadings? (3) Was the defendant precluded from insisting upon thé defense of nonassignability ?
1. It is established that the Industrial Construction Com*148pany attempted to make an absolute assignment of its contract two days after its execution and .before any work was done thereunder. The assignment is unqualified in its terms and is made without recourse, and the plaintiffs are suing as assignees claiming…
2Cases cited9 opinions
- Arkansas Valley Smelting Co. v. Belden Mining Co.Supreme Court of the United States · 1888
- Boston Ice Co. v. PotterMassachusetts Supreme Judicial Court · 1877
- Hilliard v. Wisconsin Life InsuranceWisconsin Supreme Court · 1908
- Edison v. BabkaMichigan Supreme Court · 1896
- Campbell v. Board of County CommissionersSupreme Court of Kansas · 1902
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Sioux City v. Western Asphalt Paving Corp.Supreme Court of Iowa · 1936
- Salmon Lake Seed Co. v. Frontier Trust Co.Supreme Judicial Court of Maine · 1931
- Thomas-Bonner Co. v. Hooven, Owens & Rentschler Co.Court of Appeals for the Sixth Circuit · 1922
- Continental Ins. Co. v. I. Bahcall, Inc.District Court, E.D. Wisconsin · 1941
- McLean v. MorrowCourt of Appeals of Texas · 1940
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