Reddington v. Franey
Wisconsin Supreme Court
Appeal from an. order of the circuit court for Sheboygan county: Michael KikwaN, Circuit Juclge. This is an appeal from an order overruling a demurrer to the complaint. The material allegations of the complaint are as follows: Jolm Franey, the defendant, was associated with Thomas F. Franey under the firm name of T. F. Franey & Co., which was engaged in a retail furniture business and the sale of musical instruments and undertakers’ supplies.
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Appeal from an. order of the circuit court for Sheboygan county: Michael KikwaN, Circuit Juclge. This is an appeal from an order overruling a demurrer to the complaint. The material allegations of the complaint are as follows: Jolm Franey, the defendant, was associated with Thomas F. Franey under the firm name of T. F. Franey & Co., which was engaged in a retail furniture business and the sale of musical instruments and undertakers’ supplies. On June 30, 1902, defendant, in consideration of $4,700, sold to plaintiff his undivided one-half interest in the partnership, being all his right,…
1Opinion of the CourtSiebecKER, J.
It is contended by plaintiff tbat tbe complaint states a good canse of action because it is alleged tbat under tbe contract be was to succeed defendant in tbe firm of T. E. Eraney & Oo., whose business was to be conducted as before, and because defendant undertook to pay all tbe liabilities of tbe firm existing at tbe time of such sale and transfer of bis interest to plaintiff, and “by sucb payment to bold tbe plaintiff, vendee, whole, safe, and free from tbe same or any part thereof.” This claim assumes tbat tbe creditors of tbe old firm bad a lien on tbe firm property which they could…
2Cases cited6 opinions
- Case v. BeauregardSupreme Court of the United States · 1879
- Allen v. LoganSupreme Court of Missouri · 1888
- Thayer v. HumphreyWisconsin Supreme Court · 1895
- McCall v. MossIllinois Supreme Court · 1884
- Harris v. LindsayU.S. Circuit Court for the District of Eastern Pennsylvania · 1821
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Reddington v. FraneyWisconsin Supreme Court · 1907