Cotzhausen v. Judd
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Action to recover a balance alleged to have been originally due from the defendants to the firm of Brockhaus & Bradley, on a current account between them, and by that firm assigned to the plaintiff. It appeared on the trial that Brockhaus & Bradley were indebted to the plaintiff, or to the firm of which the plaintiff was a member, and the account was assigned to the plaintiff in payment or part payment of such indebtedness.
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APPEAL from the Circuit Court for Milwaukee County. Action to recover a balance alleged to have been originally due from the defendants to the firm of Brockhaus & Bradley, on a current account between them, and by that firm assigned to the plaintiff. It appeared on the trial that Brockhaus & Bradley were indebted to the plaintiff, or to the firm of which the plaintiff was a member, and the account was assigned to the plaintiff in payment or part payment of such indebtedness. It further appeared that the defendants held a note for several hundred dollars against Bradley, which was given for…
1Opinion of the CourtLyon, J.
Without the assent, either express or implied, of bis copartner, Bradley bad no legal authority to apply a debt due from the defendants to the firm in payment of bis individual debt to the defendants. If authorities are required to support a rule which is an elementary one in the law of partnership, they will be found cited in the opinion by Mr. Justice Cole in Viles v. Bangs, 36 Wis., 131.
But it is argued that the agreeement between Bradley and the defendants was entered into by the former for the purpose of retaining the custom of the latter, which custom was valuable to Brockhaus &…
2Cases cited5 opinions
- Dob & Dob v. HalseyNew York Supreme Court · 1819
- J. D. Evernghim v. R. & A. EnsworthNew York Supreme Court · 1831
- Gram v. CadwellNew York Supreme Court · 1826
- Calkins v. . SmithNew York Court of Appeals · 1872
- Viles v. BangsWisconsin Supreme Court · 1874
3Cited by9 opinions
- Remington v. Eastern Railway Co. of MinnesotaWisconsin Supreme Court · 1901
- McIntosh v. Detroit Savings BankMichigan Supreme Court · 1929
- Caldwell Backing & T. Co. v. PorterOregon Supreme Court · 1908
- Keith v. ArmstrongWisconsin Supreme Court · 1886
- Johnson v. CrichtonCourt of Appeals of Maryland · 1881
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