Luetzke v. Roberts
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Manito-woc county: Michael KjewaN, Circuit Judge. Action to cancel and annul three promissory notes, executed by the plaintiffs to the defendants Roberts, Leggetand Hanen, who were copartners doing business under the name ■of “Westfield Importing Company” of Westfield, Indiana. The defendant John Gutman signed the notes. Upon his refusal to join as plaintiff in the action he was made a defendant.
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Appeal from a judgment of the circuit court for Manito-woc county: Michael KjewaN, Circuit Judge. Action to cancel and annul three promissory notes, executed by the plaintiffs to the defendants Roberts, Leggetand Hanen, who were copartners doing business under the name ■of “Westfield Importing Company” of Westfield, Indiana. The defendant John Gutman signed the notes. Upon his refusal to join as plaintiff in the action he was made a defendant. The defendants Schmitz, Burke, and Craite were attorneys for Roberts, Legget, and Hanen and were joined as parties in the action upon the ground that…
1Opinion of the CourtSiebecker, J.
Error was assigned upon the court’s finding that two of the parties, appearing on the subscription contract *103as purchasers of two shares in the company about to be organized for the purchase of the horse, were not bona >-fide subscribers, but that they had made such subscription with the express understanding between them and the defendants who owned the horse that they were not to be liable on such subscriptions. The evidence adduced on this issue is conflicting, but we can find no such clear preponderance of the evidence in support of appellants’ claim as to warrant reversing the conclusion…
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