Reddington v. Franey
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Sheboygan, county: Michael EjbwaN, Circuit Judge. Tbe complaint in this case alleged in brief tbe following facts: That on and prior to June 30, 1902, tbe defendants J ohn Franey and Tbomas E. Eraney were partners under tbe name of T. E. Eraney & Co., owning a stock of goods and conducting a furniture business at Plymouth, Wisconsin, owbicb business Tbomas E. Eraney was tbe managing partner; that on tbe day named tbe plaintiff…
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Appeal from an order of tbe circuit court for Sheboygan, county: Michael EjbwaN, Circuit Judge. Tbe complaint in this case alleged in brief tbe following facts: That on and prior to June 30, 1902, tbe defendants J ohn Franey and Tbomas E. Eraney were partners under tbe name of T. E. Eraney & Co., owning a stock of goods and conducting a furniture business at Plymouth, Wisconsin, owbicb business Tbomas E. Eraney was tbe managing partner; that on tbe day named tbe plaintiff purchased tbe interest of J ohn Franey in tbe business on tbe representation that said business was profitable and owed no…
1Opinion of the CourtWinslow, J.
Tbe essential facts alleged in tbe complaint are that tbe plaintiff advanced to bis firm, for tbe purpose of making cash purchases of goods, money which bis partner T. E. Eraney secretly and without plaintiff’s consent used to pay debts of tbe former firm composed of T. E. and John Franey, and that T. E. Eraney has no property out of which plaintiff can collect bis claim. These are tbe facts from which tbe plaintiff’s right to subrogation must be found to exist, if it exist at all. It is true that it is alleged with much particularity that John Franey contracted in writing with the plaintiff…
2Cases cited4 opinions
- Sprout v. CrowleyWisconsin Supreme Court · 1872
- George v. BenjaminWisconsin Supreme Court · 1898
- Edinburg American Land Mortgage Co. v. LathamIndiana Supreme Court · 1882
- Reddington v. FraneyWisconsin Supreme Court · 1905
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