Wells v. American Express Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Baome County. The case is reported on former appeals in 44 Wis., 342, and 49 id., 224. To the third amended complaint the defendant answered a general denial, and also that several attachment suits had been commenced against one Finis Cartwright, and that the defendant was garnished as having property belonging to said Cartwright; that the plaintiff was duly notified of such garnishee proceedings, and the defense thereof tendered to him;…
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APPEAL from the Circuit Court for Baome County. The case is reported on former appeals in 44 Wis., 342, and 49 id., 224. To the third amended complaint the defendant answered a general denial, and also that several attachment suits had been commenced against one Finis Cartwright, and that the defendant was garnished as having property belonging to said Cartwright; that the plaintiff was duly notified of such garnishee proceedings, and the defense thereof tendered to him; that such proceedings resulted in the defendant being charged as such garnishee; and that the property for which he was…
1Opinion of the Court
The following opinion was filed February 7, 1882:
OetoN, J.
In this case, reported in 49 Wis., 224, it was held that the amended complaint, on which the action was last tried, was for money had and received, and substantially charged that the money was the property of the plaintiff; and that, notwithstanding the former complaint set out the contract of consignment, the amendment was proper. The action under the amended complaint is not, therefore, based *27upon tbe terms of tbe contract of consignment; and tbe finding that tbe defendant received tbe money to tbe use of tbe plaintiff, altbougb…
2Cases cited15 opinions
- The "Idaho."Supreme Court of the United States · 1877
- Western Transportation Co. v. . BarberNew York Court of Appeals · 1874
- Steen v. NortonWisconsin Supreme Court · 1878
- Bates v. StantonThe Superior Court of New York City · 1852
- Lowremore v. BerrySupreme Court of Alabama · 1851
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3Cited by21 opinions
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- Detroit Safe Co. v. KellyWisconsin Supreme Court · 1890
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