Spaulding v. Stubbings
Wisconsin Supreme Court
APPEAL from the Circuit Court for Oneida County. In 1888, Wilson II. Stubbings, one of the defendants, resided in Evanston, Ill., and owned and w;as carrying on a store for the sale of merchandise at Marinesco, Mich.; and In part execution of such agreement to furnish money, Stubbings removed his stock of goods from Marinesco to Eagle Biver, and placed it in the store in which O’Connor was doing business, and the same became a part of the stock of merchandise in the general…
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APPEAL from the Circuit Court for Oneida County. In 1888, Wilson II. Stubbings, one of the defendants, resided in Evanston, Ill., and owned and w;as carrying on a store for the sale of merchandise at Marinesco, Mich.; and In part execution of such agreement to furnish money, Stubbings removed his stock of goods from Marinesco to Eagle Biver, and placed it in the store in which O’Connor was doing business, and the same became a part of the stock of merchandise in the general store mentioned in the agreement of August 8th, and was accepted by O’Connor as part performance by Stubbings of that…
1Opinion of the Court
LyoN, 0. J.
If defendant Stubbings is liable in this action, he is so liable because he was a partner with John O’Connor, during his lifetime, in the Eagle River business, and allowed the business to be continued on the same basis by the administrators of John O’Connor’s estate after his death. We have no case here for the application of the doctrine of estoppel against Stubbings because he held himself out to plaintiff as a partner in the business. The plaintiff testified he was told by John O’Connor, just before his death, that Stubbings had an interest in the business, and that was all. If…
2Cases cited1 opinion
- Rosenfield v. HaightWisconsin Supreme Court · 1881
3Cited by14 opinions
- Montello Granite Co. v. Industrial CommissionWisconsin Supreme Court · 1938
- Langley v. SanbornWisconsin Supreme Court · 1908
- Wade v. HornadaySupreme Court of Kansas · 1914
- Wisconsin Sulphite Fibre Co. v. D. K. Jeffris Lumber Co.Wisconsin Supreme Court · 1907
- Rider v. HammellSupreme Court of Kansas · 1901
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