Milwaukee Masons & Builders' Ass'n v. Niezerowski
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: J. C. Ludwig, Judge. This action was brought to recover the sum of $2,289 • claimed as a balance due upon a promissory note for $4,266, ..given by the defendant to the plaintiff corporation by the name and style of the Masons c& Builders' Association, payable one year and three months after date.
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Appeal from a judgment of the superior court of Milwaukee county: J. C. Ludwig, Judge. This action was brought to recover the sum of $2,289 • claimed as a balance due upon a promissory note for $4,266, ..given by the defendant to the plaintiff corporation by the name and style of the Masons c& Builders' Association, payable one year and three months after date. The defense was that the note was without legal consideration, and void that the pretended consideration was contrary to public policy and good morals, and that the note was given by and; secured from the defendant, who was a member of…
1Opinion of the CourtPiNNey, J.
1. The question to be determined is whether the benefits and advantages which the defendant was entitled to receive, as a member of the association, in consequence *134of conducting its business under and in pursuance of the bylaws already noticed, constitute a lawful consideration for the note. The manifest purpose of the private by-laws was, by means of the combination thus effected, to suppress fair and free competition in bidding for building contracts in Milwaukee, and by such combination and method of bidding, upon its face apparently fair and free from objection, but in fact unfair and…
2Cases cited10 opinions
- Craft v. McConoughyIllinois Supreme Court · 1875
- Atcheson v. . MallonNew York Court of Appeals · 1870
- Hooker & Woodward v. VandewaterNew York Supreme Court · 1847
- Stanton v. AllenNew York Supreme Court · 1848
- More v. BennettIllinois Supreme Court · 1892
5 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- United States v. Addyston Pipe & Steel Co.Court of Appeals for the Sixth Circuit · 1898
- State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
- State ex inf. Hadley v. Standard Oil Co.Supreme Court of Missouri · 1909
- Gatzow v. BueningWisconsin Supreme Court · 1900
- Lohse Patent Door Co. v. FuelleSupreme Court of Missouri · 1908
17 more not listed; retrieve them via the Exa API.