Steuerwald v. Richter
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Milwaukee county: J. 0. Run wig, Circuit Judge. Tbe appeal is from an order overruling a demurrer to defendants’ answer- Tbe action was brought 'by plaintiff as administratrix of tbe estate of her deceased husband, Jonathan D. Steuerwald, for tbe recovery of money bad and received by tbe defendants to tbe plaintiff’s use.
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Appeal from an order of tbe circuit court for Milwaukee county: J. 0. Run wig, Circuit Judge. Tbe appeal is from an order overruling a demurrer to defendants’ answer- Tbe action was brought 'by plaintiff as administratrix of tbe estate of her deceased husband, Jonathan D. Steuerwald, for tbe recovery of money bad and received by tbe defendants to tbe plaintiff’s use. Tbe plaintiff demurred to tbe defendants’ answer for that it did not state facts ■ sufficient to constitute a defense. Tbe answer alleges in substance that during tbe month of January, 1910, said Jonathan D. Steuerwald, deceased,…
1Opinion of the CourtEhsRWiN, J.
The main contention of the appellant is that the defendants claim the right to retain the money sued for by virtue of a void agreement, while on the part of the respondents it is insisted that the agreement was carried out at least in part and the money sued for and in the hands of the defendants is the proceeds from such partnership transactions so carried out and performed, and that the defendants as surviving partners are winding up the business of the firm and are entitled to wind up the business of the firm and to an accounting. We have set out the answer in substance in the statement of…
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