Kœnig v. Katz
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milwaukee County. Action brought by the administrator of John Koenig, deceased, against Katz. The complaint alleged that Katz on, etc., “ became indebted to * * deceased, for cattle, sheep, and hogs and other chattels, sold by * * deceased * *. to defendant, at his request, and for which he promised and agreed to pay, to the amount of $320, over and above all payments made.”
Read the full summary
APPEAL from tbe Circuit Court for Milwaukee County. Action brought by the administrator of John Koenig, deceased, against Katz. The complaint alleged that Katz on, etc., “ became indebted to * * deceased, for cattle, sheep, and hogs and other chattels, sold by * * deceased * *. to defendant, at his request, and for which he promised and agreed to pay, to the amount of $320, over and above all payments made.” Demand of judgment for $320, with interest from Sept. 1, 1873. A bill of particulars was' demanded, and given as follows: “ Oct., 1872, 6 head of cattle at $28 per head, $168 ; 30 head…
1Opinion of the CourtCole, J.
The objection that the complaint is defective in substance, is too clearly unfounded to require any special attention. It certainly states a cause of action, and is good after verdict, when the parties go to trial without raising any objection as to its sufficiency. In saying this we do not wish to be understood as expressing the opinion that the complaint would be bad on demurrer.
*156A number of exceptions were taken by the defendant to the rulings of the circuit court as to the admission or exclusion of testimony. The witness Henry Kcenig was sworn to prove the sale of the cattle and sheep by…
2Cited by2 opinions
- Shaw v. President of the Sun PrairieWisconsin Supreme Court · 1889
- Friedman v. WeiszSupreme Court of Oklahoma · 1899