Shearer v. Browne
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Waupaca county: Chas. M. Webb, Circuit Judge. The plaintiffs sue to foreclose a subcontractor’s lien upon premises of the defendant Browne for material claimed to have been furnished the principal contractor, Rasmussen, under the following circumstances: Prior to August 6,1894, the plaintiff Shearer and one George Eox were copartners in the lumber business, under the name of Shearer & Eox.
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Appeal from a judgment of the circuit court for Waupaca county: Chas. M. Webb, Circuit Judge. The plaintiffs sue to foreclose a subcontractor’s lien upon premises of the defendant Browne for material claimed to have been furnished the principal contractor, Rasmussen, under the following circumstances: Prior to August 6,1894, the plaintiff Shearer and one George Eox were copartners in the lumber business, under the name of Shearer & Eox. On that date Eox died, and Shearer continued to conduct the business, using the firm name therefor. Shortly after-wards he was appointed administrator of the…
1Opinion of the CourtDodge, J.
Numerous questions affecting the rights of the parties, either in whole or in part, were urged, to a consideration of some of which numerous other facts would have been material. But the view we 'take of one of these questions seems to render discussion of the others unnecessary.
It is a fact uncontroverted that, at the time the materials constituting the basis of the lien claim here made were furnished, plaintiff Shearer was running the business as surviving partner. That being the case, the title to the property was in him, and the debt for the material furnished was due to him, as…
2Cases cited7 opinions
- Caldwell v. LawrenceWisconsin Supreme Court · 1860
- Tewksbury v. BronsonWisconsin Supreme Court · 1880
- Martin v. MorrisWisconsin Supreme Court · 1885
- Sherman v. KreulWisconsin Supreme Court · 1877
- Roys v. VilasWisconsin Supreme Court · 1864
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hilam, Inc. v. Petersen Oil Co.Wisconsin Supreme Court · 1935