Case v. Fish
Wisconsin Supreme Court
APPEALS from the Circuit Court for Hacine County. The complaint alleges that prior to and during the year 1867 Titus G. Fish and Abner C. Eish were partners in the business of manufacturing wagons at Racine under the firm name of Fish Brothers; that in December of that year said firm became embarrassed and were indebted to numerous persons, including the plaintiff, in about the sum of $100,000, which they were unable to meet; that thereupon an agreement was entered into…
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APPEALS from the Circuit Court for Hacine County. The complaint alleges that prior to and during the year 1867 Titus G. Fish and Abner C. Eish were partners in the business of manufacturing wagons at Racine under the firm name of Fish Brothers; that in December of that year said firm became embarrassed and were indebted to numerous persons, including the plaintiff, in about the sum of $100,000, which they were unable to meet; that thereupon an agreement was entered into between said firm, and the plaintiff “whereby the plaintiff should buy up the outstanding indebtedness of the Eish Brothers…
1Opinion of the Court
- Colb, O. J.
In the examination of these appeals it is essential, at the outset, to ascertain, if possible, the real relation which the parties held to each other during the period, •covering the transactions to be considered. The defense of usury must turn principally upon the view w'hich is taken *94of that relation. On the part of the plaintiff it is claimed, in brief, that pursuant to a verbal agreement entered into about the time of the judicial sale, in March, 1868, it was understood that he should, by that sale, become the absolute owner of the personal property and effects of Eish…
2Cases cited10 opinions
- Young v. . HillNew York Court of Appeals · 1876
- Kercheval v. DotyWisconsin Supreme Court · 1872
- Kellogg v. HickokNew York Supreme Court · 1828
- Hunter v. BosworthWisconsin Supreme Court · 1878
- Martin v. BeckwithWisconsin Supreme Court · 1856
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Lamb v. HerndonCalifornia Court of Appeal · 1929
- Schriber v. LeClairWisconsin Supreme Court · 1886
- Continental National Bank of Chicago v. McGeochWisconsin Supreme Court · 1896
- Josevig -Kennecott Copper Co. v. James F. Howarth Co.Court of Appeals for the Ninth Circuit · 1919
- Stevens v. Montfort State BankWisconsin Supreme Court · 1924
7 more not listed; retrieve them via the Exa API.