Benham v. Purdy
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du lae County. Action for a sum of money alleged to have been collected by defendant upon a promissory note belonging to plaintiff, and converted by defendant to his own use.
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APPEAL from the Circuit Court for Fond du lae County. Action for a sum of money alleged to have been collected by defendant upon a promissory note belonging to plaintiff, and converted by defendant to his own use. The answer denies plaintiff’s ownership of the note at the commencement of the action, and alleges that one Squires was the true owner thereof, and that defendant had paid him the amount collected thereon. * At the trial, defendant objected to the admission in evidence, of certain depositions, on the ground that there had been no service on his attorneys of any notiee of the taking…
1Opinion of the CourtOetoN, J.
Tbe objection of tbe appellant to tbe depositions for tbe want of notice was waived by bis joining in tbe commission and submitting cross interrogatories (Miller v. McDonald, 13 Wis., 673; Cameron v. Cameron et al., 15 Wis., 1); and tbe certificate of the commissioner appears to be sufficient.
Tbe facts of this case, and undisputed, appear to be, that the appellant and one Squires were copartners, and as such held a note for tbe sum of $298 against tbe firm of Carney Bros., of the state of Michigan, which was in tbe hands of one Adams, of said state, for collection; that upon tbe dissolution…
2Cases cited6 opinions
- Kutz v. McCuneWisconsin Supreme Court · 1868
- Cutler v. HurlbutWisconsin Supreme Court · 1871
- Cameron v. CameronWisconsin Supreme Court · 1862
- Morrow v. DelaneyWisconsin Supreme Court · 1876
- Miller v. McDonaldWisconsin Supreme Court · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Gammon v. AbramsWisconsin Supreme Court · 1881