Commercial National Bank of Chicago v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The plaintiff appealed from a judgment in favor of the above named railroad company; in certain proceedings in garnishment.
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APPEAL from the Circuit Court for Milwaukee County. The plaintiff appealed from a judgment in favor of the above named railroad company; in certain proceedings in garnishment. The case is thus stated by Mr. Justice OjetoN: “ On the 10th of May, 1877, the appellant commenced an action in the circuit court of Milwaukee county, upon an express contract, against S. W. Hull, J. G. Everest and W. E. Smith, and caused an attachment to issue against their property, on the ground of their nonresidence; to which action the said Everest appeared by counsel, and judgment was duly rendered therein on the…
1Opinion of the Court
Oetok, J".
The first question of law raised by the answer is, whether the facts stated, that the garnishee is indebted to the defendant Everest for services rendered by him in the state of Illinois, under a contract by which the payment for the same was to be made in the city of Chicago in that state, and not elsewhere, defeats a recovery against the garnishee.
It is contended by the learned counsel of the respondent, 1st. That these facts constitute a contract of indebtedness payable at a particular place and nowhere else, and that therefore no recovery can be had without a demand and refusal…
2Cases cited12 opinions
- Wallace v. McConnellSupreme Court of the United States · 1839
- Bank of United States v. SmithSupreme Court of the United States · 1826
- Kneettle v. . NewcombNew York Court of Appeals · 1860
- Haxton v. BishopNew York Supreme Court · 1829
- Tingley v. BatemanMassachusetts Supreme Judicial Court · 1813
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3Cited by12 opinions
- Morawetz v. Sun Insurance OfficeWisconsin Supreme Court · 1897
- Burlington & Missouri River Railroad v. ThompsonSupreme Court of Kansas · 1884
- Ruhe v. BuckSupreme Court of Missouri · 1894
- Stevens v. BrownWest Virginia Supreme Court · 1882
- Drake v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1888
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