Robbins v. Lincoln
Wisconsin Supreme Court
EBBOB to tbe County Court of Dane County. Tbe complaint of Lincoln, tiie plaintiff below, alleged that the defendant, Dobbins, was indebted to Mm for money laid out and expended by him, and for work done and performed by him and his wife, for the defendant, at Ms request, and for a promissory note executed by one Francis Massing, payable to the plaintiff, and by Mm sold and delivered to the defendant, at Ms request, the several items of wMch indebtedness were as follows:…
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EBBOB to tbe County Court of Dane County. Tbe complaint of Lincoln, tiie plaintiff below, alleged that the defendant, Dobbins, was indebted to Mm for money laid out and expended by him, and for work done and performed by him and his wife, for the defendant, at Ms request, and for a promissory note executed by one Francis Massing, payable to the plaintiff, and by Mm sold and delivered to the defendant, at Ms request, the several items of wMch indebtedness were as follows: [Here follow various items of cash alleged to have been paid out by the plaintiff for the defendant, amounting to $2,204…
1Opinion of the Court
By the Court,
PAINE, J.
It may be conceded that in strict law the plaintiff could not have recovered in this action against Bobbins alone, for any part of the debt which accrued against Tweed & Bobbins, all of which, it appears from the evidence, Bobbins assumed, and promised the plaintiff to pay, when he bought out the interest of Tweed. There are authorities sustaining his right to recover upon such a state of facts. But even if he could not, it clearly appears both from the pleadings and the evidence, that a much larger amount than the balance claimed, was the individual debt of Bobbins…
2Cases cited1 opinion
- Stone v. TalbotWisconsin Supreme Court · 1856
3Cited by9 opinions
- Vogel v. StateWisconsin Supreme Court · 1909
- Hannan v. EngelmannWisconsin Supreme Court · 1880
- Harden v. Atchison & Nebraska R. R.Nebraska Supreme Court · 1876
- Northern National Bank v. LewisWisconsin Supreme Court · 1891
- Jenkins v. GunnisonWisconsin Supreme Court · 1880
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