Calteaux v. Mueller
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Sheboy-gan county: N. S. GilsoN, Circuit Judge. The complaint was for the recovery of $498 with legal interest from October 19, 1895, alleged to be due from defendant Anton V. Mueller for three altars, a communion rail, and crucifix, said to have been sold him by plaintiff’s assignor, a manufacturing corporation called the St. Francis Art Institute.
Read the full summary
Appeal from a judgment of tbe circuit court for Sheboy-gan county: N. S. GilsoN, Circuit Judge. The complaint was for the recovery of $498 with legal interest from October 19, 1895, alleged to be due from defendant Anton V. Mueller for three altars, a communion rail, and crucifix, said to have been sold him by plaintiff’s assignor, a manufacturing corporation called the St. Francis Art Institute. The St. Mary’s Congregation of Random Lake was joined as defendant, but no cause of action was stated, or evidence produced to establish any cause of action as to it. Defendant Mueller answered,…
1Opinion of the CourtMarshall, J.
If Stemper, the secretary and business manager of the St. Erancis Art Institute, had no authority to trade its property for capital stock in the corporation, then, under the circumstances disclosed by the evidence, plaintiff was entitled to recover unless the ruling of the trial court was wrong as to the- sufficiency of the matter pleaded in abatement.
It stands admitted that appellant, Mueller, purchased the property mentioned in the complaint at the price alleged, and that he disabled himself from returning the same. Therefore, obviously, he was liable on an implied promise to.pay *528for the…
2Cases cited6 opinions
- Wood v. LakeWisconsin Supreme Court · 1860
- Ford v. HillWisconsin Supreme Court · 1896
- Gammon v. AbramsWisconsin Supreme Court · 1881
- Camacho v. Hamilton Bank Note & Engraving Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Shoemaker v. Washburn Lumber Co.Wisconsin Supreme Court · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Lorenz v. DreskeWisconsin Supreme Court · 1974
- Porter v. Plymouth Gold Mining Co.Montana Supreme Court · 1904
- Marvin v. AndersonWisconsin Supreme Court · 1901
- Pabst v. GoodrichWisconsin Supreme Court · 1907
- Atlanta & Walworth Butter & Cheese Ass'n v. SmithWisconsin Supreme Court · 1910
13 more not listed; retrieve them via the Exa API.