Carpenter v. Fulmer
Wisconsin Supreme Court
Aureal from a judgment of the circuit court for Florence county: John Goodland, Circuit Judge. Tbis is an action to recover on a contract.
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Aureal from a judgment of the circuit court for Florence county: John Goodland, Circuit Judge. Tbis is an action to recover on a contract. Plaintiff and J. E. Keeton made a contract October 20, 1899, with defend-, ant Fulmer, whereby defendant Fulmer purchased from plaintiff and Keeton the right, title, and interest in the stock, real and personal property, and all claims, moneys, and assets as well as all actions and rights of action which had accrued or were to accrue of tbe D. M. Eulmer Lumber Company, a corporation, and all of tbeir right, title, and interest in and to tbe demands,…
1Opinion of the CourtSiebecker, J.
Error is assigned upon the action of 'the court striking out that part of Fulmer’s answer alleging a setoff in his favor on the note owned by him for $850 and interest, given by John F. and IT. C. Keeton. The plaintiff is no party to this note in any form. It furthermore appears that IT. C. Keeton is a party to- this note as maker, but is not a party to this action. ITow thi^ note could be treated as a proper setoff in an action between the parties to this contract *457we cannot perceive. Carpenter, the party plaintiff in this action, was in no wise liable on the note, nor is H. C. Keeton, the…
2Cases cited3 opinions
- Pendleton v. BeyerWisconsin Supreme Court · 1896
- McConihe v. HollisterWisconsin Supreme Court · 1865
- Dart v. SherwoodWisconsin Supreme Court · 1859