Seligmann v. Heller Brothers' Clothing Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Action by plaintiff to recover a balance of $380 and interest, due him from the defendant company, December 31, 1885, for labor and services.
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APPEAL from the Circuit Court for Milwaukee County. Action by plaintiff to recover a balance of $380 and interest, due him from the defendant company, December 31, 1885, for labor and services. The answer of defendant admits its indebtedness as claimed, but interposes, by way of setoff and counterclaim, a judgment for $555.40, recovered January 28, 1879, in the circuit court, by E. R. Mudge and others against Charles Wassermann, Rudolph Seligmann, and the plaintiff, on a demand against them as partners, and duly assigned to the defendant, May 14,1884. This action was commenced April 19, 1886.…
1Opinion of the CourtLyoN, J.
The arguments of the respective counsel were addressed mainly to the question whether the matters pleaded in the defendant’s answer constitute a valid setoff *413under the provisions of E. S. see. 4258. It must be admitted that there is considerable conflict of authority in the books on this question. While there are many cases which hold that those matters do not constitute a valid statutory setoff, cases are not wanting which hold the contrary. Although the judgment pleaded as a setoff was rendered upon a partnership demand, which is in its nature joint, and not several, and is against three…
2Cases cited7 opinions
- Simson v. HartCourt for the Trial of Impeachments and Correction of Errors · 1816
- Ballinger v. TarbellSupreme Court of Iowa · 1864
- Ramsey's AppealSupreme Court of Pennsylvania · 1834
- Greene v. HatchMassachusetts Supreme Judicial Court · 1815
- Moody v. WillisMississippi Supreme Court · 1867
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Sylvester v. Martin (In Re Martin)United States Bankruptcy Court, N.D. Illinois · 1991
- McCourt v. JohnsOregon Supreme Court · 1898
- Jones v. PieningWisconsin Supreme Court · 1893
- Piotrowski v. CzerwinskiWisconsin Supreme Court · 1909
- Pendleton v. BeyerWisconsin Supreme Court · 1896
5 more not listed; retrieve them via the Exa API.