Hagenah v. Geffert
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sauk County. The following statement of. the case was prepared by Mr. Justice Casscoat: The complaint in this action alleges, in effect, that on and prior to February 13, 1883, the parties were partners doing business in the name of Hagenahs & Geffert, and engaged in the hardware and agricultural implement business.
Read the full summary
APPEAL from the Circuit Court for Sauk County. The following statement of. the case was prepared by Mr. Justice Casscoat: The complaint in this action alleges, in effect, that on and prior to February 13, 1883, the parties were partners doing business in the name of Hagenahs & Geffert, and engaged in the hardware and agricultural implement business. That they were also engaged in carrying on a brewery, and the individual members also held stock in the -Reedsburg.Woolen Mills. That, at the date aforesaid, “it was mutually agreed by and between the several members of said firm that said firm…
1Opinion of the CourtCassodat, J.
It is claimed that no mistake of fact is alleged in the complaint, but only a misunderstanding as to the meaning of the words employed. Had the question *641arisen upon regular demurrer, we might possibly have reached that conclusion. Rut no such demurrer was interposed. The defendant answered upon the merits. The cause was regularly noticed for trial, and the plaintiffs appeared with the expectation of trying it. They were met by a demurrer ore tenus. It has long been settled in this court that, where the sufficiency of the complaint is thus raised for the first time, more latitude of…
2Cases cited4 opinions
- Hazleton v. Union Bank of ColumbusWisconsin Supreme Court · 1873
- Green Bay & Mississippi Canal Co. v. HewittWisconsin Supreme Court · 1885
- Teetshorn v. HullWisconsin Supreme Court · 1872
- Silbar v. RyderWisconsin Supreme Court · 1885
3Cited by7 opinions
- Phillips v. CarverWisconsin Supreme Court · 1898
- Whitmore v. HayWisconsin Supreme Court · 1893
- Bruheim v. StrattonWisconsin Supreme Court · 1911
- Kyle v. FehleyWisconsin Supreme Court · 1892
- Born v. RosenowWisconsin Supreme Court · 1893
2 more not listed; retrieve them via the Exa API.