George v. Benjamin
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee-county: D. H. JohNSON, Circuit Judge. This is an action at law, brought by plaintiff on behalf of himself and others, to recover the sum of $4,900, claimed to be due on a certain contract, under circumstances hereinafter detailed. The complaint contains seven causes of action, the statement of one being all that is necessary for the purpose of this suit.
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Appeal from an order of the circuit court for Milwaukee-county: D. H. JohNSON, Circuit Judge. This is an action at law, brought by plaintiff on behalf of himself and others, to recover the sum of $4,900, claimed to be due on a certain contract, under circumstances hereinafter detailed. The complaint contains seven causes of action, the statement of one being all that is necessary for the purpose of this suit. The facts alleged are substantially as follows: On July 2,1892, the plaintiff, defendant, and twenty-nine other persons entered into a written agreement, as follows: “ Know all men by…
1Opinion of the CourtBardeen, J.
Two questions are involved on this appeal: (1) Is there a defect of parties plaintiff ? (2) Does the complaint state a cause of action ?
1. The plaintiff seeks to justify the maintenance of this action by himself, and on behalf of others, under R. S. 1878, sec. 2601. This section reads as follows: “ Of the parties to the action, those united in interest must be joined as plaintiffs or defendants; but if the consent of any one who should be joined as plaintiff cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint; and when the question is one of a…
2Cases cited7 opinions
- Frederick v. Douglas CountyWisconsin Supreme Court · 1897
- McMahon v. . RauhrNew York Court of Appeals · 1871
- McKenzie v. L'AmoureuxNew York Supreme Court · 1851
- Lathrop v. KnappWisconsin Supreme Court · 1870
- Sprout v. CrowleyWisconsin Supreme Court · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Schlosser v. Allis-Chalmers Corp.Wisconsin Supreme Court · 1974
- Hawarden v. Youghiogheny & Lehigh Coal Co.Wisconsin Supreme Court · 1901
- Pipkorn v. Village of Brown DeerWisconsin Supreme Court · 1960
- Certia v. University of Notre Dame Du LacIndiana Court of Appeals · 1923
- Hodges v. NaltyWisconsin Supreme Court · 1899
4 more not listed; retrieve them via the Exa API.