Schuerman v. Foster
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lao County. Garnishment in aid of an execution upon a judgment in favor of plaintiff against one Horatio G. Mathews, upon which judgment over $4,000 was due in April, 1890, when the garnishee summons was served. The answer was a denial of all liability under tbe statute, upon wbiob plaintiff took issue. It appeared upon tbe trial that on tbe 1st of April, 1886, tbe garnishee received from H. Gr.
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APPEAL from the Circuit Court for Fond du Lao County. Garnishment in aid of an execution upon a judgment in favor of plaintiff against one Horatio G. Mathews, upon which judgment over $4,000 was due in April, 1890, when the garnishee summons was served. The answer was a denial of all liability under tbe statute, upon wbiob plaintiff took issue. It appeared upon tbe trial that on tbe 1st of April, 1886, tbe garnishee received from H. Gr. Mathews $326.74, and gave him the following receipt therefor, which expresses the arrangement under which he received the money: “ BeakdoN, April 1, 1886. “…
1Opinion of the CourtWiNSLow, J.
We think it clear that the plaintiff should have had judgment. Foster agreed to pay the money to Mathews in case Mathews bought the farm upon the foreclosure. Mathews did in fact buy the farm, and consequently the event happened which entitled him to. the money. But it is said that Mathews consented that the money be paid to Hillman, and that Foster should be protected in that payment in the absence of evidence showing that he knew of or participated in any fraud. There are two answers to this objection: First. Mathews’ consent was simply, “ Then pay it over.” It is manifest that, in the…
2Cited by1 opinion
- John R. Davis Lumber Co. v. First National Bank of MilwaukeeWisconsin Supreme Court · 1893