Thurber v. Jones
Wisconsin Supreme Court
APPEAL from the Circuit Court for Manitowoc County. The complaint in this case alleges “ that the defendant is indebted to the plaintiff for moneys by the defendant received from and for tbe nse of tbe plaintiff,” in tbe sum of $23 56 for that sum overpaid by tbe plaintiff to defendant for charges on certain goods received by tbe defendant as wharfinger for tbe plaintiff; and also, that tbe defendant received as a wharfinger, certain goods of tbe value of $133 63, and has…
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APPEAL from the Circuit Court for Manitowoc County. The complaint in this case alleges “ that the defendant is indebted to the plaintiff for moneys by the defendant received from and for tbe nse of tbe plaintiff,” in tbe sum of $23 56 for that sum overpaid by tbe plaintiff to defendant for charges on certain goods received by tbe defendant as wharfinger for tbe plaintiff; and also, that tbe defendant received as a wharfinger, certain goods of tbe value of $133 63, and has not delivered them to tbe plaintiff, though tendered bis reasonable charges in that behalf and requested so to do. Tbe…
1Opinion of the Court
By the Court,
Cole, J.
We are of tbe opinion that tbe complaint in this case is clearly insufficient to support tbe judgment. By a very free use of language it might be said that tbe complaint embraces two counts or causes of action; although neither count “ contains a plain and concise statement of facts constituting tbe cause of action,” as our system of pleading requires. But still, by a liberal rule of construction, it might be held that tbe cause of action set forth in tbe first count, is for twenty-three dollars and fifty-six cents bad and received by tbe appellant to and for tbe use of…
2Cited by8 opinions
- K v. HWisconsin Supreme Court · 1866
- Redmon v. Phœnix Fire InsuranceWisconsin Supreme Court · 1881
- State v. Jacksonville, Pensacola & Mobile RailroadSupreme Court of Florida · 1878
- Dole v. BurleighSupreme Court Of The Territory Of Dakota · 1875
- State v. Citizens' Insurance Co. of MobileWisconsin Supreme Court · 1888
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