Coleman v. Darling
Wisconsin Supreme Court
APPEAL from the Circuit Court for Portage County. The facts are stated in the opinion. They contended, inter alia, that the testimony of witnesses as to conversations with Haverland, one of the defendants in the principal action, Were improperly admitted to show that Rosenfeld did not have authority to execute the assignment. Haverland was not properly a party to the issue then being tried.
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APPEAL from the Circuit Court for Portage County. The facts are stated in the opinion. They contended, inter alia, that the testimony of witnesses as to conversations with Haverland, one of the defendants in the principal action, Were improperly admitted to show that Rosenfeld did not have authority to execute the assignment. Haverland was not properly a party to the issue then being tried. That issue is, practically, between plaintiffs and the general creditors of the defendants, represented by the assignee — -the garnishee herein. On this theory the testimony as to the statements of…
1Opinion of the CourtTaflor, J.
The respondents commenced an action against Rosenfeld and others to recover in an action upon contract; and in such action the appellant was summoned as garnishee, it being alleged in the affidavit for the garnishee summons that the appellant had property and money in his hands belonging to the defendants, Rosenfeld and *157others. In the garnishee action the appellant answered, denying any liability as garnishee, and setting up that the property in his hands, which formerly belonged to the defendants, came to his possession and was held by him as assignee for the benefit of the creditors of the…
2Cases cited5 opinions
- Cook v. TullisSupreme Court of the United States · 1874
- Holland v. DrakeOhio Supreme Court · 1876
- Rumery v. McCullochWisconsin Supreme Court · 1882
- Stein v. LaDowSupreme Court of Minnesota · 1868
- Brooks v. SullivanWisconsin Supreme Court · 1873
3Cited by6 opinions
- In re Farmers' Supply Co.District Court, S.D. Ohio · 1909
- Farwell v. WebsterWisconsin Supreme Court · 1888
- State National Bank v. Union National BankIllinois Supreme Court · 1897
- Bergland v. FrawleyWisconsin Supreme Court · 1888
- Trumbull v. Union Trust Co.Appellate Court of Illinois · 1889
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