Everingham v. Meighan
Wisconsin Supreme Court
They argued, among other things, that the ¡fiaintiff’s reduction from the “scalping-account ” was a voluntary act without consideration, binding upon neither party, and did not preclude the defendant from contesting his liability to the plaintiff on the gaming transactions covered by that account.- Otto v. Klauber, 23 Wis., 471; Oalhins v. State, 13 id., 389. If the negotiations at that time were in the nature of an accounting, and the result arrived at, an account stated,…
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They argued, among other things, that the ¡fiaintiff’s reduction from the “scalping-account ” was a voluntary act without consideration, binding upon neither party, and did not preclude the defendant from contesting his liability to the plaintiff on the gaming transactions covered by that account.- Otto v. Klauber, 23 Wis., 471; Oalhins v. State, 13 id., 389. If the negotiations at that time were in the nature of an accounting, and the result arrived at, an account stated, the defendant could then, also, go back of it and show^the illegal and void contracts. Melehoir v. MeOart/y, 31 Wis.,…
1Opinion of the Court
Oetoít, J.
The defendant, engaged in the grain and produce trade at Cresco, in the state of Iowa, in 1876, shipped and consigned to the plaintiff, a commission merchant in the city of Milwaukee, grain and produce to be disposed of by him for the defendant, and drafts were drawn upon the plaintiff and paid by him froln time to time on account of such shipments, and such business continued between the parties until July 1,1878, at which time there was a balance of $151.80, on account of such shipments and sales, in favor of the plaintiff. A short time after the commencement of this business the…
2Cases cited2 opinions
- Melchoir v. McCartyWisconsin Supreme Court · 1872
- Barnard v. BackhausWisconsin Supreme Court · 1881
3Cited by24 opinions
- Union Collection Co. v. BuckmanCalifornia Supreme Court · 1907
- Anderson v. StateCourt of Appeals of Georgia · 1907
- Cunningham v. National BankSupreme Court of Georgia · 1883
- McGlynn v. ScottNorth Dakota Supreme Court · 1894
- Kerkhof v. Atlas Paper Co.Wisconsin Supreme Court · 1887
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