Spruhen v. Stout
Wisconsin Supreme Court
APPEAL from the Circuit Court for Gkipjpewa County. Action to enforce a mechanic’s lien upon certain mill property of the defendants Newton and Eoplems, who were copartners under the firm name of 8. If. Newton c6 Co. Several mortgagees of the premises, and holders of prior and subsequent liens thereon, were also made parties defendant.
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APPEAL from the Circuit Court for Gkipjpewa County. Action to enforce a mechanic’s lien upon certain mill property of the defendants Newton and Eoplems, who were copartners under the firm name of 8. If. Newton c6 Co. Several mortgagees of the premises, and holders of prior and subsequent liens thereon, were also made parties defendant. The complaint alleged that'the plaintiff had worked upon the mill in question one hundred and eight days at the agreed price per day of $1.50; that the sum of $98.88 had been paid to him, and there was due a balance of $63.12; and that a petition for a lien…
1Opinion of the CourtCole, C. J.
There is ample justification in the record for giving the plaintiff a lien upon the flouring-mill for the amount due him on his account. There is no controversy about the number of days he worked, or as to the value of his services; but it is insisted, upon the part of the appellants, that the evidence shows that the plaintiff worked a part of the time for Newton individually and a part of the - time for the company, and that several payments were made on his account. And the contention of counsel is, that these payments were made on behalf of the firm by Newton, and should be appropriated to…
2Cases cited2 opinions
- Willer v. BergenthalWisconsin Supreme Court · 1880
- Cooper v. CleghornWisconsin Supreme Court · 1880
3Cited by10 opinions
- Bentley v. DavidsonWisconsin Supreme Court · 1889
- Fitzgerald v. WalshWisconsin Supreme Court · 1900
- National Foundry & Pipe Works, Ltd. v. Oconto Water Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1892
- Hot Springs Plumbing & Heating Co. v. WallaceNew Mexico Supreme Court · 1933
- Taylor v. Dall Lead & Zinc Co.Wisconsin Supreme Court · 1907
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