Legal Opinion

Sargeant v. Downey

Wisconsin Supreme Court

Decided May 27, 1880PublishedCited by 4 opinions

APPEAL from the Municipal Court of the City of Ripon. The case is thus stated by Mr. Justice Taylob: “ This is an appeal from an order of the municipal court of the city of Ripon, sustaining the demurrer of the plaintiff to the answer of the defendant.

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APPEAL from the Municipal Court of the City of Ripon. The case is thus stated by Mr. Justice Taylob: “ This is an appeal from an order of the municipal court of the city of Ripon, sustaining the demurrer of the plaintiff to the answer of the defendant. This case was before this court on an appeal from a similar order, and the decision will be found in Sargeant v. Downey, 45 "Wis., 498. In that case, as in this, the plaintiff alleges that in 1875 the defendant was the owner of a cheese factory; that oh or about May 1, 1875, the plaintiff agreed with the defendant to send his milk to said…

1Opinion of the CourtTaylor, J.

We are of the opinion that the municipal court was right in holding that no defense to the plaintiff’s action was shown in the answer. The plaintiff’s complaint, without stating any quantity of milk delivered -under his contract with the defendant, received by him and manufactured into cheese, and sold by him, alleges that he furnished a quantity of milk under the contract, which was received by the defendant, manufactured and sold, and the money received by the defendant and converted to his own use, and alleges the amount so con-*527veiled to be tbe sum .of $84.23. Under this complaint, the…

2Cited by4 opinions

  1. State v. McFetridgeWisconsin Supreme Court · 1893
  2. Sullivan v. SullivanWisconsin Supreme Court · 1904
  3. Patterson v. CapponWisconsin Supreme Court · 1905
  4. Rogers v. HopkinsSupreme Court of Georgia · 1883

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