Piotrowski v. Czerwinski
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: WaeeeN D. Tabeawt, Circuit Judge. Tbe court found tbat on October 4, 1904, the defendants executed and delivered to Ignate Kowalski their promissory note for $275, which became due January 2, 1905, and that on the same date they executed another note for a like sum, which became due March 2, 1905, and that the consideration for which said notes were given to said' Kowalski was an indebtedness due him from the…
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Appeal from a judgment of the circuit court for Milwaukee county: WaeeeN D. Tabeawt, Circuit Judge. Tbe court found tbat on October 4, 1904, the defendants executed and delivered to Ignate Kowalski their promissory note for $275, which became due January 2, 1905, and that on the same date they executed another note for a like sum, which became due March 2, 1905, and that the consideration for which said notes were given to said' Kowalski was an indebtedness due him from the Polish Publishing Company, a corporation in which the defendants were interested, and that said defendants were not…
1Opinion of the CourtBarnes, J.
Under tbe findings made by tbe court this action might well have been dismissed under tbe provisions of sec. 2605, Stats. (1898), because not brought by tbe real party in interest and becarxse it was not shown tbat tbe plaintiff came within any of tbe exceptions confabbed in tbe statute.
Tbe contention of tbe appellant is tbat tbe findings do not support -tbe judgment. Erom them it appears tbat Kowalski is a nonresident; tbat be is insolvent; tbat be honestly owes the defendants sums exceeding tbe amount of tbe notes sued *399on; and that if they cannot set off the indebtedness due from him…
2Cases cited8 opinions
- Wilson v. Exchange BankSupreme Court of Georgia · 1905
- Jones v. PieningWisconsin Supreme Court · 1893
- Leach v. LambethSupreme Court of Arkansas · 1854
- Austin v. FelandSupreme Court of Missouri · 1843
- Seligmann v. Heller Brothers' Clothing Co.Wisconsin Supreme Court · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Hall v. Wilder Manufacturing Co.Supreme Court of Missouri · 1927
- Sylvester v. Martin (In Re Martin)United States Bankruptcy Court, N.D. Illinois · 1991
- State Bank v. Miller (In Re Miller)Bankruptcy Appellate Panel of the Sixth Circuit · 2011
- Strong v. GordonMissouri Court of Appeals · 1920
- Gulbranson-Dickinson Co. v. HopkinsWisconsin Supreme Court · 1919
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