Seymour v. Cushway
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: D. H. JohNSON, Circuit Judge. This is an equitable action to have a trust declared in certain standing timber, the legal title to which had been conveyed to defendants, and in the profits derived by them from the business of manufacturing it into lumber.
Read the full summary
Appeal from a judgment of the circuit court for Milwaukee county: D. H. JohNSON, Circuit Judge. This is an equitable action to have a trust declared in certain standing timber, the legal title to which had been conveyed to defendants, and in the profits derived by them from the business of manufacturing it into lumber. The complaint alleged, in substance, among other things, that an oral agreement was made between the plaintiffs Iliehtwd A. Seymov/r, John Seymov/r, and Antoine F. Ca/rtier, and the defendants Joseph U. Gushwcuy and one Fred Ferriek to form a partnership to purchase said timber…
1Opinion of the CourtPiNNey, J.
The agreement of partnership between the defendants Merrick, and Cushway and the plaintiffs, entered into prior to November 22, 1892, was entirely verbal. It provided for and contemplated the purchase of growing timber upon lands upon the Lac du Elambeau reservation. The purchase of this timber was the main object and central purpose of the agreement, whether of partnership or to form a partnership. The claims of the plaintiffs to relief, it is apparent, rest wholly upon this alleged parol agreement to form a partnership with the defendants Merrick and Cushway to purchase the standing timber…
2Cases cited16 opinions
- Bates v. BabcockCalifornia Supreme Court · 1892
- Levy v. . BrushNew York Court of Appeals · 1871
- Brandeis v. NeustadtlWisconsin Supreme Court · 1860
- Dunphy v. RyanSupreme Court of the United States · 1886
- Strasson v. MontgomeryWisconsin Supreme Court · 1873
11 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Martens v. ReillyWisconsin Supreme Court · 1901
- Ott v. BoringWisconsin Supreme Court · 1907
- Krzysko v. GaudynskiWisconsin Supreme Court · 1932
- Kileen v. KennedySupreme Court of Minnesota · 1903
- Burgdorfer v. ThielemannOregon Supreme Court · 1936
11 more not listed; retrieve them via the Exa API.