Kyle v. Carpenter
Wisconsin Supreme Court
Appeals from orders of the circuit court for Duim county: E. W. Helms. Circuit Judge. Each of the defendants separately appeals from the order overruling his demurrer to the complaint, seeking to charge the defendants as holding the legal title to the undivided one-third of the real estate described for the firm of Kyle Bros. & Co. and the plaintiffs.
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Appeals from orders of the circuit court for Duim county: E. W. Helms. Circuit Judge. Each of the defendants separately appeals from the order overruling his demurrer to the complaint, seeking to charge the defendants as holding the legal title to the undivided one-third of the real estate described for the firm of Kyle Bros. & Co. and the plaintiffs. The complaint alleges, in effect, that on and for some time prior to December 13, 1893, these plaintiffs and one H. T. C. were copartners, doing a general mercantile business at Downsville, Wisconsin; that at the time of the formation of that…
1Opinion of the CourtCassoday, C. J.
The facts alleged in the complaint are-of course admittéd by the demurrer. From such facts it appears that after the defendant Curtiss had been in partnership with the plaintiffs about three and one-half years under-the firm name of Kyle Bros. & Co., conducting the business-mentioned upon the premises described, the firm was dissolved by mutual consent, Curtiss retiring from the firm and selling to the plaintiffs all his right, title, and interest in and *315to the assets and property of tbe firm, including said real estate, and in consideration tberefor tbe plaintiffs, in and by tbe agreement of…
2Cases cited9 opinions
- Fairchild v. . FairchildNew York Court of Appeals · 1876
- Greenwood v. . MarvinNew York Court of Appeals · 1888
- Sherwood v. St. Paul & Chicago Railway Co.Supreme Court of Minnesota · 1875
- Whiting v. GouldWisconsin Supreme Court · 1853
- Davenport v. StephensWisconsin Supreme Court · 1897
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Kurowski v. Retail Hardware Mutual Fire InsuranceWisconsin Supreme Court · 1931
- In Re Estate of SchaeferWisconsin Supreme Court · 1976
- Cooper v. CooperSupreme Court of Alabama · 1972
- Richtman v. WatsonWisconsin Supreme Court · 1912
- Thompson v. BethWisconsin Supreme Court · 1961