Legal Opinion

Van Trott v. Wiese

Wisconsin Supreme Court

Decided June 15, 1874PublishedCited by 15 opinions

APPEAL from the Circuit Court for Milwaukee County. In 1871, the parties entered into a copartnership in the drug business in the city of Milwaukee, and carried on such business until 1873. On the 19th of May, in the latter year, the defendant Wiese commenced an action in the county court against Van Trott, the present plaintiff, for a dissolution of such copartnership and a settlement of its affairs.

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APPEAL from the Circuit Court for Milwaukee County. In 1871, the parties entered into a copartnership in the drug business in the city of Milwaukee, and carried on such business until 1873. On the 19th of May, in the latter year, the defendant Wiese commenced an action in the county court against Van Trott, the present plaintiff, for a dissolution of such copartnership and a settlement of its affairs. The complaint prayed for an injunction, the appointment of a receiver, and an accounting. It alleged that the stock of goods belonging to the firm was then worth, as near as Wiese could…

1Opinion of the CourtLyon, J.

The parties were partners. The defendant came *446to the conclusion that the plaintiff was defrauding Him of large sums in his management of the partnership business, and commenced an action to dissolve that relation and to wind up the business of the firm. In his verified complaint in that action, he charged that the present plaintiff had committed acts of fraud, which, if he committed them, stamp him as a swindler and cheat of the worst type. Within a few days after he commenced such action, the present defendant entered into negotiations with the plaintiff for a settlement of their partnership…

2Cases cited3 opinions

  1. Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
  2. Barber v. KilbournWisconsin Supreme Court · 1863
  3. Craemer v. WoodMassachusetts Supreme Judicial Court · 1869

3Cited by15 opinions

  1. Colton v. StanfordCalifornia Supreme Court · 1890
  2. Chicago & N. W. Ry. Co. v. WilcoxCourt of Appeals for the Eighth Circuit · 1902
  3. Galusha v. ShermanWisconsin Supreme Court · 1900
  4. Johnson v. BurnsideSouth Dakota Supreme Court · 1892
  5. Potter v. TaggartWisconsin Supreme Court · 1882

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