Charboneau v. Orton
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. The defendants, who were attorneys and partners in business, brought an action for the present plaintiff against John Jung and others, to recover a sum of money alleged to be due from the latter to the plaintiff. That action was litigated through the circuit and supreme courts, and resulted in a judgment for the plaintiff.
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APPEAL from the Circuit Court for Jefferson County. The defendants, who were attorneys and partners in business, brought an action for the present plaintiff against John Jung and others, to recover a sum of money alleged to be due from the latter to the plaintiff. That action was litigated through the circuit and supreme courts, and resulted in a judgment for the plaintiff. The defendants collected the judgment in December, 1872, receiving thereon $2,695.09, besides $25 costs in this court. The money was received by the defendant Mulberger, who immediately notified the plaintiff of the fact.…
1Opinion of the CourtLyoN, J.
1. The plaintiff’s receipt of January 6,1873, does not purport to be in full of all claims against the defendants on account of the moneys collected by them on the judgment against Jung and others; neither is it, in terms, a receipt on account of such collection. The object of the receipt was, doubtless, to preserve written evidence of the sums respectively paid over and retained by the defendants, and no attempt seems to have been made to express in it the terms of any agreement between the parties as to the effect of such payment, if any such agreement was made. We must therefore look to…
2Cited by2 opinions
- Rusch v. Sentinel-News Co.Wisconsin Supreme Court · 1933
- In Matter of Disciplinary Proceedings Against MarineWisconsin Supreme Court · 1978