Bank of Iron River v. Board of School Directors
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Bayfield county: JohN K. Parish, Circuit Judge. Towner ds Hooper made a contract with, the defendant school board to build a school-house at Iron River. Kelley sold Towner ds Hooper the lumber for the school-house, payable by order on the school board. After the lumber had been furnished, Towner ds Hooper gave Kelley an order on the school board for $600 to apply on the lumber bill.
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Appeal from a judgment of the circuit court for Bayfield county: JohN K. Parish, Circuit Judge. Towner ds Hooper made a contract with, the defendant school board to build a school-house at Iron River. Kelley sold Towner ds Hooper the lumber for the school-house, payable by order on the school board. After the lumber had been furnished, Towner ds Hooper gave Kelley an order on the school board for $600 to apply on the lumber bill. Kelley took the order, and it was presented to the school board. They refused to pay it, and it has never been paid, but no notice of nonpayment was given to Towner…
1Opinion of the CourtWiNslow, J.
The first question is whether the assignment of the lumber claim and order carried also the remedy or right of action against the school board under sec. 3328, B. S. The argument against assignability is founded on Caldwell v. Lawrence, 10 Wis. 331, where it was held that the remedy of mechanic’s lien was not assignable. While the remedy here sought to be enforced is not strictly a lien, *599but rather in the nature of a garnishee proceeding (Klaus v. Green Bay, 34 Wis. 628), the fact is certainly entitled to some weight that the section giving the remedy is inserted in ch. 143 of the Revised…
2Cases cited5 opinions
- Caldwell v. LawrenceWisconsin Supreme Court · 1860
- Klaus v. City of Greek BayWisconsin Supreme Court · 1874
- Mehlberg v. TisherWisconsin Supreme Court · 1869
- Day v. VinsonWisconsin Supreme Court · 1890
- Brill v. HoileWisconsin Supreme Court · 1881
3Cited by1 opinion
- Loomans Lumber Co. v. MielkeWisconsin Supreme Court · 1915