Luby v. Bennett
Wisconsin Supreme Court
Appeal from an order of the circuit court for. Bock county: E. G. Siebeokee, Judge. Action to recover damages. The complaint stated the following as a cause of action: Plaintiff and defendant, from March 27 to November'6,1897, were copartners in the shoe business in Janesville, Wisconsin. Plaintiff contributed to such business $4,400 in money and gavethis personal attention thereto, which was reasonably worth $100 per month.
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Appeal from an order of the circuit court for. Bock county: E. G. Siebeokee, Judge. Action to recover damages. The complaint stated the following as a cause of action: Plaintiff and defendant, from March 27 to November'6,1897, were copartners in the shoe business in Janesville, Wisconsin. Plaintiff contributed to such business $4,400 in money and gavethis personal attention thereto, which was reasonably worth $100 per month. The sales were $17,000, and there was a profit of thirty-three per cent, thereon, one half of which justly belonged to plaintiff. On the last day named defendant…
1Opinion of the CourtMaeshall, J.
Aright of action for damages for malicious prosecution does not accrue till the wrongful proceeding has been brought to final determination in favor of the defendant or person accused. Pratt v. Page, 18 Wis. 337; Winn v. Peckham, 42 Wis. 493, 499; Woodworth v. Mills, 61 Wis. 44; Lawrence v. Cleary, 88 Wis. 473; Lowe v. Wartman, 47 N. J. Law, 413; Comm. v. McClusky, 151 Mass. 488. Hence, as indicated in the authorities cited, in an action to recover compensation for such a wrong, such final determination must be distinctly alleged in the complaint and proved upon the trial, the same as any…
2Cases cited27 opinions
- Marks v. . TownsendNew York Court of Appeals · 1885
- Kolka v. JonesNorth Dakota Supreme Court · 1897
- Smith v. Michigan Buggy Co.Illinois Supreme Court · 1898
- Eastin v. Bank of StocktonCalifornia Supreme Court · 1884
- Marbourg v. SmithSupreme Court of Kansas · 1873
22 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Segall v. HurwitzCourt of Appeals of Wisconsin · 1983
- Koerber v. PatekWisconsin Supreme Court · 1904
- Sachs v. WeinsteinAppellate Division of the Supreme Court of the State of New York · 1924
- Barrett Mobile Home Transport, Inc. v. McGuginSupreme Court of Alabama · 1988
- Ludwick v. . PennySupreme Court of North Carolina · 1911
31 more not listed; retrieve them via the Exa API.