Brillion Lumber Co. v. Barnard
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Calumet’ county: Geo. W. BukNell, Circuit Judge. Action to recover of a surety.
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Appeal from a judgment of tbe circuit court for Calumet’ county: Geo. W. BukNell, Circuit Judge. Action to recover of a surety. This in substance is the plaintiff’s claim as pleaded: February 11,1901, plaintiff and defendant George Barnard made a contract whereby the latter engaged in the service of the former as retail salesman and manager of its lumber yard at Collins, Wisconsin, agreeing to faithfully perform his duties as' such, to attend to the plaintiff’s business, not absenting himself therefrom except through unavoidable circumstances, to perform his duties to the best of his ability…
1Opinion of the CourtMarshall, J.
The first proposition advanced for consideration is that the court erred in referring the issues except that respecting the signature of the surety having been fraudulently obtained, and especially that the ,court erred in referring the issue as to embezzlement and conversion.
Just what the situation was at the time the reference was «ordered does not appear. It is recited in the order that the reference was granted on the pleadings'and statements of counsel, but what those statements were was not preserved. If the pleadings alone were not sufficient to warrant the reference they may have been…
2Cases cited22 opinions
- American Surety Company v. PaulySupreme Court of the United States · 1898
- Jordan v. Estate of WarnerWisconsin Supreme Court · 1900
- Graves v. Lebanon National BankCourt of Appeals of Kentucky · 1873
- Supreme Council Catholic Knights v. Fidelity & Casualty Co. of New YorkCourt of Appeals for the Sixth Circuit · 1894
- Cairns v. O'BlenessWisconsin Supreme Court · 1876
17 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- First National Bank & Trust Co. of Racine v. NotteWisconsin Supreme Court · 1980
- State ex rel. Hustisford Light, Power & Manufacturing Co. v. GrimmWisconsin Supreme Court · 1932
- FRANK GARDNER HDWE. AND SUPPLY CO. v. St. Paul Fire and Marine Ins. Co.Mississippi Supreme Court · 1963
- Grant Marble Co. v. AbbotWisconsin Supreme Court · 1910
- Killingstad v. MeigsWisconsin Supreme Court · 1911
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