Northwestern Fuel Co. v. Lee
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eau Olaire county: JaMes O’Neill, Circuit Judge. The plaintiff brought an action against the defendant, and summoned O. S. Lee as garnishee. The defendant defaulted, and the garnishee answered, denying liability.
Read the full summary
Appeal from a judgment of the circuit court for Eau Olaire county: JaMes O’Neill, Circuit Judge. The plaintiff brought an action against the defendant, and summoned O. S. Lee as garnishee. The defendant defaulted, and the garnishee answered, denying liability. Issue was taken upon the answer so made, and upon the trial the court made findings in favor of plaintiff, and entered judgment against the garnishee, from which this appeal is taken. • They argued, among other things, that the president of a corporation could sell the company’s assets only in the usual course of business. 3 Thompson,…
1Opinion of the CourtBardeen, J.
The findings are vigorously attacked on the ground that they are not supported by the weight of the evidence. The chief question litigated on the trial was whether the garnishee had in fact purchased of the defendant certain personal property, consisting of coal, sheds, office, safe, office furniture, Avagons, etc., of which he held pos*428session at the time of the service of the garnishee summons. The testimony was chiefly given by the garnishee and F. D. Sullivan, who had been the president and chief managing officer of the defendant company. Both admit that Lee made a proposition to purchase…
2Cases cited4 opinions
- John V. Farwell Co. v. WolfWisconsin Supreme Court · 1897
- Ford v. HillWisconsin Supreme Court · 1896
- McElroy v. Minnesota Percheron Horse Co.Wisconsin Supreme Court · 1897
- Senour Manufacturing Co. v. ClarkeWisconsin Supreme Court · 1897
3Cited by21 opinions
- Union Bank & Trust Co. v. Long Pole Lumber Co.West Virginia Supreme Court · 1912
- St. Clair v. RutledgeWisconsin Supreme Court · 1902
- Haynes v. Kenosha Electric Railway Co.Wisconsin Supreme Court · 1909
- Thompson v. Laboringman's Mercantile & Manufacturing Co.West Virginia Supreme Court · 1906
- Consolidated Water Power Co. v. NashWisconsin Supreme Court · 1901
16 more not listed; retrieve them via the Exa API.