Legal Opinion

York v. Orton

Wisconsin Supreme Court

Decided December 23, 1885PublishedCited by 5 opinions

APPEAL from, the Circuit Court for Grant County. For some years prior to 1816, one John L. Crawford rented a house in Hazel Green, Grant county, of the plaintiff. The accrued rent therefor amounted, in that year, to $800, and was wholly unpaid. John L. Crawford was a member of the firm of Crawford, Mills & Co., then doing business at Hazel Green. In December, 1816, he and another partner withdrew from the firm pursuant, to an agreement between all the members thereof.

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APPEAL from, the Circuit Court for Grant County. For some years prior to 1816, one John L. Crawford rented a house in Hazel Green, Grant county, of the plaintiff. The accrued rent therefor amounted, in that year, to $800, and was wholly unpaid. John L. Crawford was a member of the firm of Crawford, Mills & Co., then doing business at Hazel Green. In December, 1816, he and another partner withdrew from the firm pursuant, to an agreement between all the members thereof. This agreement required Crawford to convey to. certain members of the firm his interest in 1,400 acres of land which the firm…

1Opinion of the CourtLyon, J.

The facts set forth in the foregoing statement of the case were found’ substantially by the circuit court, *8and the evidence sustains the findings. We think there was an effectual substitution of those partners in the late firm of Crawford, Mills & Co. who succeeded to the assets of that firm (of whom Gabriel Mills was one), as the debtors of the plaintiff for the accrued rent, in place of John L. Crawford, the original debtor, who was released from liability therefor. In other words, there was an effectual no-vation, by which Gabriel Mills and his associates became liable to the plaintiff for…

2Cases cited1 opinion

  1. Central Bank of Wisconsin v. St. JohnWisconsin Supreme Court · 1863

3Cited by5 opinions

  1. Sanders v. StateSupreme Court of Alabama · 1913
  2. Gibson v. StateSupreme Court of Alabama · 1915
  3. Sterling v. RyanWisconsin Supreme Court · 1888
  4. Spies v. Chicago & Milwaukee Electric RailroadWisconsin Supreme Court · 1912
  5. Bovee v. JohnsonWisconsin Supreme Court · 1907

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