Sweet v. Davis
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eau Claire county: W. E. Bailey, Circuit Judge. This action was brought against the defendant, JDmis, as survivor of the firm of P. H. Leonard & Co., to recover the amount of a bill of goods sold by the plaintiffs to said firm. The complaint charged that the goods, a bill of which was annexed thereto, were sold at the agreed price and to the amount or value of $471.13, and that they were reasonably worth that sum.
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Appeal from a judgment of the circuit court for Eau Claire county: W. E. Bailey, Circuit Judge. This action was brought against the defendant, JDmis, as survivor of the firm of P. H. Leonard & Co., to recover the amount of a bill of goods sold by the plaintiffs to said firm. The complaint charged that the goods, a bill of which was annexed thereto, were sold at the agreed price and to the amount or value of $471.13, and that they were reasonably worth that sum. The defendant, by his answer, admitted the death of Leonard, that he was the sole surviving partner, and that said firm purchased…
1Opinion of the CourtPinney, J.
This appeal is entirely destitute of merit. The answer, in effect, admits the sale and delivery of the goods to the firm of P. H. Leonard & Go. The mere allegation of defendant’s ignorance of the nature, character, *411and extent of the transactions of his firm through his deceased partner with the plaintiffs, is not enough to require the plaintiffs to make proof on the subject. He does not deny having information on the subject sufficient to form a belief. R. S. sec. 2655; Robbins v. Lincoln, 12 Wis. 2; State ex rel. Soutter v. Common Council of Madison, 15 Wis. 30; Mills v. Jefferson, 20 Wis.…
2Cases cited3 opinions
- State ex rel. Soutter v. Common Council of the MadisonWisconsin Supreme Court · 1861
- Mills v. Town of JeffersonWisconsin Supreme Court · 1865
- Hathaway v. BaldwinWisconsin Supreme Court · 1864
3Cited by4 opinions
- Winterfield v. Cream City of Brewing CompanyWisconsin Supreme Court · 1897
- State ex rel. O'Neill v. TraskWisconsin Supreme Court · 1908
- Bloch-Daneman Co. v. J. Mandelker & Son, Inc.Wisconsin Supreme Court · 1931
- Perkins v. JacobsWisconsin Supreme Court · 1898