Clement v. Clement
Wisconsin Supreme Court
APPEAL from the County Court of Fond du Lac. County. .The case is sufficiently stated in the opinion. They argued that notice of the dissolution of a partnership was necessary to relieve a retiring partner from liability on a note subsequently executed by the continuing partner in the firm name, and the burden of proof thereof is on him, citing authorities.
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APPEAL from the County Court of Fond du Lac. County. .The case is sufficiently stated in the opinion. They argued that notice of the dissolution of a partnership was necessary to relieve a retiring partner from liability on a note subsequently executed by the continuing partner in the firm name, and the burden of proof thereof is on him, citing authorities. They contended, among other things, that the evidence shows a dissolution of the partnership, and notice thereof to the plaintiff, or at least knowledge of facts sufficient to put a prudent man upon inquiry. Lindley on Partnership, 407,…
1Opinion of the CourtORton, J.
This action was brought upon two promissory notes given to the plaintiff by the firm of Clement Bros., composed of the defendants, the first dated December 1, 1874, for $125, payable ninety days after date, and the other dated April 13, 1875, for $633.80, payable one year after date. The defendant Charles Clement in his answer admits the signing of both notes and the receipt of the money, and alleges that he made all the payments thereon up to 1884, and counterclaims for board of plaintiff. The defendant /Stephen, while admitting the partnership up to January 1, 1875, denies its continuance…
2Cases cited9 opinions
- Pratt v. PageSupreme Court of Vermont · 1859
- Joslyn v. SmithSupreme Court of Vermont · 1841
- Lovejoy v. SpaffordSupreme Court of the United States · 1876
- Page v. BrantIllinois Supreme Court · 1856
- Faulkner v. BaileyMassachusetts Supreme Judicial Court · 1878
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3Cited by6 opinions
- Reinig v. NelsonWisconsin Supreme Court · 1929
- Kline v. FritschWisconsin Supreme Court · 1933
- Robertson Lumber Co. v. AndersonSupreme Court of Minnesota · 1905
- Davison v. SherburneSupreme Court of Minnesota · 1894
- First National Bank of Antigo v. LarsenWisconsin Supreme Court · 1911
1 more not listed; retrieve them via the Exa API.