Legal Opinion

Ott v. Boring

Wisconsin Supreme Court

Decided May 11, 1909PublishedCited by 14 opinions

Appeals from a judgment of the circuit court for Ashland county: E. Rat Stevens, Judge. Accounting to determine the value of one fourth the merchandise, book accounts, and going business of a mercantile establishment owned by the plaintiff and Eranklin J. Pool at the time of the latter’s death, December 16, 1904, pursuant to the judgment of this court on a former appeal, — - case reported in 131 Wis. 472, 110 N. W. 824, 111 N. W. 833. The trial was before a referee, who…

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Appeals from a judgment of the circuit court for Ashland county: E. Rat Stevens, Judge. Accounting to determine the value of one fourth the merchandise, book accounts, and going business of a mercantile establishment owned by the plaintiff and Eranklin J. Pool at the time of the latter’s death, December 16, 1904, pursuant to the judgment of this court on a former appeal, — - case reported in 131 Wis. 472, 110 N. W. 824, 111 N. W. 833. The trial was before a referee, who fixed the value of the stock at $71,639.69, that of the book accounts at $7,749.08, and that of the good will at $10,000,…

1Opinion of the CourtMarshall, J.

An examination of the record leads to the ■conclusion that there is an abundance of evidence to support the findings of the referee on each of the three questions of fact passed upon by him, viz.: one as to the value of the •stock of merchandise, one as to the value of the book accounts, and one as to the value of the good will of the business, in the aggregate the value of the partnership property possessed by Mr. Pool and Mr. Ott at the time of the former’s death. Such being the case it seems that the trial ■court, in making the radical changes of such findings, must have proceeded with…

2Cases cited13 opinions

  1. Guetzkow Bros. v. A. H. Andrews & Co.Wisconsin Supreme Court · 1896
  2. F. Dohmen Co. v. Niagara Fire InsuranceWisconsin Supreme Court · 1897
  3. Hinz v. Van DusenWisconsin Supreme Court · 1897
  4. Von Trott v. Von TrottWisconsin Supreme Court · 1903
  5. Johnson v. GoultWisconsin Supreme Court · 1900

8 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Truelsch v. MillerWisconsin Supreme Court · 1925
  2. Wojahn v. National Union Bank of OshkoshWisconsin Supreme Court · 1911
  3. Johnson v. ShaverSouth Dakota Supreme Court · 1919
  4. Kleinstick v. DaleidenWisconsin Supreme Court · 1976
  5. Sammond v. Tax CommissionWisconsin Supreme Court · 1939

9 more not listed; retrieve them via the Exa API.

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