Legal Opinion

Fay v. Oatley

Wisconsin Supreme Court

Decided July 1, 1858PublishedCited by 12 opinions

APPEAL IN EQUITY FROM THE MILWAUKEE CIRCUIT COURT. In the autumn of 1844, the complainant, Eay, then engaged in the mercantile "business in the city of Milwaukee, purchased, on credit, a bill of goods' at Buffalo, in the State of New York, of the defendant, Oatley, then a merchant of that city.

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APPEAL IN EQUITY FROM THE MILWAUKEE CIRCUIT COURT. In the autumn of 1844, the complainant, Eay, then engaged in the mercantile "business in the city of Milwaukee, purchased, on credit, a bill of goods' at Buffalo, in the State of New York, of the defendant, Oatley, then a merchant of that city. In 1845, Fay failed in business, still owing the debt — about $2,800 — to Oatley; and after some correspondence between them, and attempts at compromise and settlement, Oatley, being unable to get his pay, conceived the plan of procuring an indictment against Eay, on the charge of obtaining the goods…

1Opinion of the Court

By the Oowt,

Smith J.

The bill in this case was filed the fourth day of February, 1848, in the U. S. District Court for the county of Milwaukee, in the then Territory of Wisconsin, for the purpose of enjoining the collection of certain notes and mortgage, given by the complainants to Oatley in July, 1847. The bill alleges, in substance, that in the autumn of 1844, the complainant, Fay, was engaged in business in the city of Milwaukee, and when on his way to Boston to purchase his fall stock of goods, he became acquainted with the defendant, Oatley, in Buffalo, H. Y., of whom he purchased goods…

2Cited by12 opinions

  1. Morse v. WoodworthMassachusetts Supreme Judicial Court · 1892
  2. Kwentsky v. SirovySupreme Court of Iowa · 1909
  3. Johnston Harvester Co v. McLeanWisconsin Supreme Court · 1883
  4. Hartford Fire Insurance v. Kirkpatrick, Dunn & Co.Supreme Court of Alabama · 1895
  5. Bane v. DetrickIllinois Supreme Court · 1869

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