Scheunert v. Kaehler
Wisconsin Supreme Court
APPEAL from tbe County Court of Mil'wauleee County. The complaint in this case stated, that between the 2d of November, 1867, and 20th of April, 1868, the plaintiff delivered certain flour and barley to the defendant, who was a commission merchant, to be sold at an agreed rate of commission; that the same were sold by defendant for $4,908.71; that, on, etc., there remained in defendant’s hands, after deducting- commissions, the sum of $4,785.99, “received by him in a…
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APPEAL from tbe County Court of Mil'wauleee County. The complaint in this case stated, that between the 2d of November, 1867, and 20th of April, 1868, the plaintiff delivered certain flour and barley to the defendant, who was a commission merchant, to be sold at an agreed rate of commission; that the same were sold by defendant for $4,908.71; that, on, etc., there remained in defendant’s hands, after deducting- commissions, the sum of $4,785.99, “received by him in a fiduciary capacity as such commission merchant, the property of the plaintiff,” which sum the defendant refused to pay or…
1Opinion of the CourtDixoN, C. J.
The question in this case arises upon that provision of the statute which authorizes the defendant to plead as a counter-claim “ a cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff’s claim, or connected with the subject of the action.” R. S. ch. 125, § 11, súbd. 1.
The complaint is in tort for the conversion of money, the proceeds of goods sold by the defendant for the plaintiff on commission; and the third separate defense, to which the demurrer is interposed, sets up, by way of counter-claim, a breach of the contract…
2Cases cited1 opinion
- In re MowryWisconsin Supreme Court · 1860
3Cited by6 opinions
- McArthur v. MoffetWisconsin Supreme Court · 1910
- Supervisors of Kewaunee County v. DeckerWisconsin Supreme Court · 1872
- Kondo v. AylsworthOregon Supreme Court · 1916
- Mulberger v. KoenigWisconsin Supreme Court · 1885
- Hamilton v. . BentonSupreme Court of North Carolina · 1920
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