Flanders v. Cottrell
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. This action was brought by the plaintiff as assignee in bankruptcy of one Noonan, to recover certain commissions claimed to have accrued to said Noonan on the sale of a printing press, alleged to have been made by him for the defendants, and at their request, to the firm of Cameron, Amberg & Co., of Chicago. The answer of the defendants denies that Noonan made, or was instrumental in making, any such sale.
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APPEAL from the Circuit Court for Milwaukee County. This action was brought by the plaintiff as assignee in bankruptcy of one Noonan, to recover certain commissions claimed to have accrued to said Noonan on the sale of a printing press, alleged to have been made by him for the defendants, and at their request, to the firm of Cameron, Amberg & Co., of Chicago. The answer of the defendants denies that Noonan made, or was instrumental in making, any such sale. Noonan was the proprietor of a type foundry in Milwaukee, and the defendants were manufacturers, in an eastern state, of printing…
1Opinion of the CourtLyon, J.
I. A question raised on the complaint will first be disposed of. It is averred therein that Mr. Noonan sold the press to Cameron, Amberg & Co. for the defendants and at their request, and no other or different cause of action is stated. The averment is entirely unproved. The question litigated on the trial was, not whether Noonan sold the press, but whether he was instrumental in enabling the defendants to sell it. This question was sharply litigated; much testimony in respect to it was given by both parties; and it was submitted to the jury as the controlling question of fact in the case.…
2Cases cited1 opinion
- Wilson v. NoonanWisconsin Supreme Court · 1874
3Cited by13 opinions
- McKinney v. JonesWisconsin Supreme Court · 1882
- Stetler v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1880
- Matthews v. Town of BarabooWisconsin Supreme Court · 1876
- Bowers v. ThomasWisconsin Supreme Court · 1885
- Cook v. CroisanOregon Supreme Court · 1894
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