Smith v. Schulenberg
Wisconsin Supreme Court
APPEAL from the Circuit Court for Polk County. Smith brought suit against Schulenberg, Boeckler and Hospes, partners under tbe firm name of Schulenberg, Bceekler & Co., to recover a balance due on account of said logs sold to defendants by Gilmore & Smith, partners, the claim being now owned by Smith, individually.
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APPEAL from the Circuit Court for Polk County. Smith brought suit against Schulenberg, Boeckler and Hospes, partners under tbe firm name of Schulenberg, Bceekler & Co., to recover a balance due on account of said logs sold to defendants by Gilmore & Smith, partners, the claim being now owned by Smith, individually. The answfer admitted the purchase of logs, and alleged payments on account thereof, and that the parties afterwards accounted together for all logs sold, when there was found to be due plaintiff the sum of $102.76, which sum defendants then paid, and plaintiff accepted in full…
1Opinion of the Court
The following opinion was filed at the June term, 1873.
Oole, J.
The first exceptions taken by the counsel for the defendants relate to the rulings of the court on admitting in evidence the scale-bill made by the surveyor general of the first lumber district of Minnesota, and upon the motion for a non-suit. These exceptions can be conveniently considered together.
The parties differed in regard to the quantity of logs which had been delivered by the plaintiff. And the scale-bill was introduced in evidence to prove the delivery of the logs mentioned in it. It appeared from the testimony of Mr.…
2Cases cited2 opinions
- Eilert v. City of OshkoshWisconsin Supreme Court · 1861
- Hempstead v. New York Central Rail RoadNew York Supreme Court · 1858
3Cited by16 opinions
- Catlin v. WheelerWisconsin Supreme Court · 1880
- Western Assurance Co. v. TowleWisconsin Supreme Court · 1886
- State ex rel. American Piano Co. v. Superior CourtWashington Supreme Court · 1919
- Barth v. GrafWisconsin Supreme Court · 1898
- Conant v. Estate of KimballWisconsin Supreme Court · 1897
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