Gauche v. Milbrath
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: D. H. Johnson, Circuit .Judge. November 10, 1897, plaintiff recovered a judgment for $470 because of an unlawful conversion of property owned by him, by the defendant.
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Appeal from an order of the circuit court for Milwaukee county: D. H. Johnson, Circuit .Judge. November 10, 1897, plaintiff recovered a judgment for $470 because of an unlawful conversion of property owned by him, by the defendant. John Orth, plaintiff’s mortgagee of such property when the conversion took place, because of the impairment of his security by such conversion, demanded of plaintiff payment of the mortgage indebtedness or additional security, whereupon, and to satisfy such ■demand, April 22, 1895, plaintiff assigned to Orth his cause of action for damages for the conversion. This…
1Opinion of the CourtMarshall, J.
The motion of a judgment debtor to apply his judgment upon one against him owned by his judgment creditor, is addressed to the sound discretion of the court and governed by equitable principles. The right of setoff, when the judgments are in the same action, or actions growing out of the same subject matter,, is' generally deemed superior to the claim of the attorney in either action for services and disbursements therein. Yorton v. M., L. S. & W. R. Co. 62 Wis. 367. But where the judgments are in actions having no connection with each other, the equitable right of the attorney, who has…
2Cases cited7 opinions
- Williams v. . IngersollNew York Court of Appeals · 1882
- Yorton v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1885
- Wells v. ElsamMichigan Supreme Court · 1879
- Rice v. GarnhartWisconsin Supreme Court · 1874
- Benjamin v. BenjaminSupreme Court of Connecticut · 1845
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Wurtzinger v. JacobsWisconsin Supreme Court · 1967
- Stanley v. BouckWisconsin Supreme Court · 1900
- Reichlin v. First National BankWashington Supreme Court · 1935
- Black v. Whitewater Commercial & Savings BankWisconsin Supreme Court · 1925
- Rayworth v. GoodrickWisconsin Supreme Court · 1916
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