Lawton v. Waite
Wisconsin Supreme Court
Appeals from orders of the circuit court for Waukesha ■county: James J. Dick, Circuit Judge. ■ Appeals from orders overruling demurrers to a complaint, which alleges that the defendants E. A. Chilton, as principal, and J. E. Chilton and E. S. Carr, as sureties, entered into a contract with the United States, whereby it is agreed that they will carry the mails from the stations to the post office in the city of Milwaukee from July 1,1895, to June 30, 1899, in a safe and…
Read the full summary
Appeals from orders of the circuit court for Waukesha ■county: James J. Dick, Circuit Judge. ■ Appeals from orders overruling demurrers to a complaint, which alleges that the defendants E. A. Chilton, as principal, and J. E. Chilton and E. S. Carr, as sureties, entered into a contract with the United States, whereby it is agreed that they will carry the mails from the stations to the post office in the city of Milwaukee from July 1,1895, to June 30, 1899, in a safe and secure manner, free from wet or other injury, in wagons of a style and design to be prescribed by the Postmaster General,…
1Opinion of the CourtDodge, J.
1. The complaint is very long, and somewhat ambiguous, as to whether it is founded on contract or tort. 'While many acts which might constitute negligence are •alleged, they are not characterized expressly as either wrongful or negligent, and they are all asserted to constitute breaches of one or the other of the two contracts, which are not set out m extenso. Again, the sureties are joined as defendants, and judgment demanded against them jointly with their principal. Such demand can, of course, be supported •only on the ground that their principal has breached some requirement of the…
2Cases cited10 opinions
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Nelson v. HarringtonWisconsin Supreme Court · 1888
- Seybolt v. . the N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1884
- Relyea v. Tomahawk Paper & Pulp Co.Wisconsin Supreme Court · 1899
- Britton v. Green Bay & Fort Howard Water Works Co.Wisconsin Supreme Court · 1892
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Columbia County v. Board of Trustees of Wisconsin Retirement FundWisconsin Supreme Court · 1962
- Nepstad v. LambertSupreme Court of Minnesota · 1951
- Milwaukee County v. IsenringWisconsin Supreme Court · 1901
- McGonigle v. GryphanWisconsin Supreme Court · 1930
- Boston Insurance v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1902
3 more not listed; retrieve them via the Exa API.