Legal Opinion

Lower v. Denton

Wisconsin Supreme Court

Decided September 24, 1859PublishedCited by 4 opinions

APPEAL FROM CIRCUIT COURT, LA CROSSE COUNTY. This was an action commenced in the circuit court of La Crosse county, by summons and complaint The appellant’s complaint stated, that in April, 1856, Denton and Charles McGregor entered into a contract and co-partnership with the appellant, to build and run a steam saw mill in La Crosse; that Denton was to furnish most of the cash capital for building the mill, and Lower and McGregor were to build the mill, as mechanics; Denton…

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APPEAL FROM CIRCUIT COURT, LA CROSSE COUNTY. This was an action commenced in the circuit court of La Crosse county, by summons and complaint The appellant’s complaint stated, that in April, 1856, Denton and Charles McGregor entered into a contract and co-partnership with the appellant, to build and run a steam saw mill in La Crosse; that Denton was to furnish most of the cash capital for building the mill, and Lower and McGregor were to build the mill, as mechanics; Denton was to furnish the land on which the mill was to stand; and when so built, Denton was to own one half, and Lower and…

1Opinion of the Court

By the Court,

Cole, J.

We think the circuit court very properly granted the motion for a nonsuit in this case. An examination of the statements and allegations of the complaint satisfactorily shows that the appellant undertook in this action to recover on claims growing entirely out of a partnership transaction between him and the respondent, and this too before there had been any settlement of the partnership affairs; or before it could possibly be known what would be coming to him on such settlement. We suppose the law to be well settled, that when money is due from one partner to another, on…

2Cited by4 opinions

  1. Hill v. PalmerWisconsin Supreme Court · 1882
  2. Martin v. StubbingsAppellate Court of Illinois · 1886
  3. Zimmerman v. ChambersWisconsin Supreme Court · 1891
  4. McMahon v. ThorntonMontana Supreme Court · 1881

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