First Savings & Trust Co. v. Cazenovia & Sauk City Railroad
Wisconsin Supreme Court
Appeal from two orders of tbe circuit court for Sauk county: E. Ray Stevens, Circuit Judge. Tbe petitioner, Eanzlih, by bis first petition claims that be is entitled to interest upon certain coupons _ wbicb bad been attached to bonds issued by the defendant railroad company, and that past-due coupons are prior in right of payment to the bonds and coupons of later maturity. The bonds are secured by a trust deed.
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Appeal from two orders of tbe circuit court for Sauk county: E. Ray Stevens, Circuit Judge. Tbe petitioner, Eanzlih, by bis first petition claims that be is entitled to interest upon certain coupons _ wbicb bad been attached to bonds issued by the defendant railroad company, and that past-due coupons are prior in right of payment to the bonds and coupons of later maturity. The bonds are secured by a trust deed. By a second petition he asks that an allowance of $450 be allowed him for services he claims to have rendered as manager of the defendant railroad. ¡ The Cazenovia & Sauk City Railroad…
1Opinion of the CourtSiebeckee, J.
The appellant assails the finding of the circuit court to the effect that he breached his contract as general manager and for other services thereby required of him. An examination of the record discloses that the evidence bearing upon the question of his performance of the services required of petitioner under this contract is very meager and unsatisfactory. There is evidence tending to show that petitioner devoted some time and attention to the duties imposed upon him by this contract of employment, but it is not sufficient to establish the fact that he substantially performed the services…
2Cases cited1 opinion
- Stubbings v. O'ConnorWisconsin Supreme Court · 1899