Salter v. Krueger
Wisconsin Supreme Court
APPEAL from the Circuit Court for Washington County. The case is thus stated by Mr. Justice Cassoday: “ The complaint alleges, in effect, that the plaintiff is an infant, and brings this action by his guardian ad Utem; that May 1, 1885, he purchased of Yile Emery, the then sole owner, and paid for in cash to him, and. received therefor a bill of sale from him, the undivided one-half interest and share of the personal property described, constituting a livery stock; that on…
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APPEAL from the Circuit Court for Washington County. The case is thus stated by Mr. Justice Cassoday: “ The complaint alleges, in effect, that the plaintiff is an infant, and brings this action by his guardian ad Utem; that May 1, 1885, he purchased of Yile Emery, the then sole owner, and paid for in cash to him, and. received therefor a bill of sale from him, the undivided one-half interest and share of the personal property described, constituting a livery stock; that on the same day the plaintiff and Emery entered into a copartnership to commence and carry on a livery business with said…
1Opinion of the CourtOassoday, J.
The note and mortage were given for the aggregate amount of a debt due from Emery to the defendant and another debt due from Emery to Ott. Both were taken in the name of the defendant alone. Ott was not mentioned nor referred to in either. He was present and participated in their procurement, but otherwise was not a party to the transaction. Evidently Ott constituted the defendant his trustee of an express trust. Sec. 2601, E. S. Assuming the rightful execution of the note and mortgage, then they were enforceable in the name of the defendant alone without making Ott a party. Ibid.; Waterman…
2Cases cited6 opinions
- TUCKER v. MorelandSupreme Court of the United States · 1836
- Chapin v. . ShaferNew York Court of Appeals · 1872
- Corey v. BurtonMichigan Supreme Court · 1875
- Callis v. DayWisconsin Supreme Court · 1875
- Miller v. SmithSupreme Court of Minnesota · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Herman v. City of OcontoWisconsin Supreme Court · 1898
- Platt v. Iron Exchange BankWisconsin Supreme Court · 1892
- Peters v. KanzenbachWisconsin Supreme Court · 1922