Giblin v. North Wisconsin Lumber Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Sawyer county: Johk K. Paeisi-i, Circuit Judge. Tbe appellant brought this action at law upon contract for the sale of county orders of Sawyer county aggregating $2,500, and at the close of the testimony the trial judge directed a verdict in favor of the defendant, and from the judgment 'thereon dismissing the complaint the plaintiff appeals.
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Appeal from a judgment of tbe circuit court for Sawyer county: Johk K. Paeisi-i, Circuit Judge. Tbe appellant brought this action at law upon contract for the sale of county orders of Sawyer county aggregating $2,500, and at the close of the testimony the trial judge directed a verdict in favor of the defendant, and from the judgment 'thereon dismissing the complaint the plaintiff appeals. The county orders and the contract sued on came into existence as follows: The plaintiff was sheriff of Sawyer county in the years 1901 and 1902, and in August of the latter year made and presented to the…
1Opinion of the CourtTimlin, J.
If we assume as most favorable to tbe appellant that there was evidence tending to show that tbe defendant, through McCormick, purchased these county orders from the plaintiff and agreed to pay $2,500 therefor, there still remain many insuperable legal obstacles to the plaintiff’s recovery. One is that, the county orders so sold having been adjudged in the taxpayers’ suit fraudulent and void, there was a total failure of consideration. 1 Parsons, Cont. (9th ed.) 462, 463, and cases; Rowe v. Blanchard, 18 Wis. 441. Another is that in the sale of such nonnegotiable choses in action there is an…
2Cases cited15 opinions
- Arndt v. GriggsSupreme Court of the United States · 1890
- Corcoran v. Chesapeake and Ohio Canal Co.Supreme Court of the United States · 1877
- Stewart v. LansingSupreme Court of the United States · 1882
- Sauls v. FreemanSupreme Court of Florida · 1888
- Scotland County v. HillSupreme Court of the United States · 1884
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3Cited by13 opinions
- Goldberg v. Sisseton Loan & Title Co.South Dakota Supreme Court · 1909
- Menasha Wooden Ware Co. v. Town of WinterWisconsin Supreme Court · 1915
- City of Richmond v. DavisSupreme Court of Virginia · 1923
- Moehlenpah v. MayhewWisconsin Supreme Court · 1909
- Town of Flagstaff v. WalshCourt of Appeals for the Ninth Circuit · 1925
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