McCall Co. v. Stone
Wisconsin Supreme Court
Appeal from an order of the municipal court of the city and town of Ripon: J. J. Foote, Judge. The plaintiff is a New York corporation, doing business in the state of New York, and the defendant is a merchant located in this state.
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Appeal from an order of the municipal court of the city and town of Ripon: J. J. Foote, Judge. The plaintiff is a New York corporation, doing business in the state of New York, and the defendant is a merchant located in this state. The plaintiff alleges an indebtedness for dress patterns and other merchandise sold by plaintiff to defendant under a written contract between the parties dated July 9, 1901, by which the plaintiff agreed to ship to the defendant monthly, from New York, certain amounts of dress patterns and fashion magazines, and the defendant agreed to pay for the same at certain…
1Opinion of the CourtWiNsnow, J.
By the separate defense at which the plaintiff’s demurrer was directed, the defendant endeavored to plead facts which would make the contract sued upon invalid under the provisions of sec. lllOb, Stats. 1898. Had the plaintiff demurred to that defense, the question whether that ■section applied to the contract set forth by the complaint, or whether that contract was unaffected by the section because it relates to commerce between the states, would have been fairly before us. The plaintiff, however, demurred to a part only of the defense. It eliminated certain paragraphs of the alleged defense…
2Cases cited1 opinion
- State ex rel. Rice v. ChittendenWisconsin Supreme Court · 1900
3Cited by3 opinions
- McCarthy v. SteinkellnerWisconsin Supreme Court · 1937
- Gooding v. DoyleWisconsin Supreme Court · 1908
- Danielson v. Garage Equipment Manufacturing Co.Wisconsin Supreme Court · 1913