Boehrer v. Juergens & Anderson Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Monroe county: J. J. Eeuit, Circuit Judge. This is an appeal from an order overruling a general demurrer to the complaint.
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Appeal from an order of the circuit court for Monroe county: J. J. Eeuit, Circuit Judge. This is an appeal from an order overruling a general demurrer to the complaint. The complaint, after alleging that the defendant was and is an Illinois corporation located at Chicago and engaged in the business of manufacturing jewelry and mounting precious stones, charges that on November 7, 1905, the plaintiff owned certain diamond rings and other jewelry of the value of $367.50, and on that day, at the request of the defendant and believing that the defendant would exercise care and diligence in…
1Opinion of the Court
, WxNslow, J.
The question whether this complaint is in contract or tort was somewhat discussed upon the argument and may admit of some doubt. It will be noticed that a contract of bailment is set forth, and it is alleged that one of the implied provisions of the contract was that the value of the package should be marked upon it when delivered to the express company for carriage upon its return, but that the defendant failed and neglected so to do. Eroni these allegations it is argued that the complaint is plainly on contract; but it is also to be noticed that the defendant’s default is…
2Cases cited5 opinions
- Brown v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1882
- Nelson v. HarringtonWisconsin Supreme Court · 1888
- Marshall v. WellsWisconsin Supreme Court · 1859
- McKeon v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
- Rideout v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1892
3Cited by6 opinions
- Frechette v. RavnWisconsin Supreme Court · 1911
- Xuebiao Yao v. ChapmanCourt of Appeals of Wisconsin · 2005
- Mueller v. Winston Bros. Co.Washington Supreme Court · 1931
- Rustles v. ChristensenWisconsin Supreme Court · 1932
- Kindinger v. BehnkeWisconsin Supreme Court · 1912
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