Chapman v. Plummer
Wisconsin Supreme Court
APPEAL from the County Court of Winnebago County. The action was brought against Plummer and Fisher before a -justice of the peace, to recover upon an open account, and, judgment being rendered against the plaintiffs, they appealed to the county eourt.
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APPEAL from the County Court of Winnebago County. The action was brought against Plummer and Fisher before a -justice of the peace, to recover upon an open account, and, judgment being rendered against the plaintiffs, they appealed to the county eourt. Defendants filed an account as a counter-, claim, one item of which, was a claim for $100 rent, alleged to be due from plaintiffs to a late firm of F'isher & Jones (of which the defendant Fisher was a member), and to have been assigned by that firm to the defendants. Fisher and Jones had been partners in the hub business, but dissolved in…
1Opinion of the CourtCole, J.
The learned counsel for the plaintiff states in his brief, that the only point of contention between the parties is, whether the claim for rent constituted a proper counterclaim-or setoff in favor of the defendants. He insists that it did not: 1. Because the evidence shows that the claim had been paid and discharged before the commencement of this action; and 2. That it had never been assigned and transferred to the defendants so as to constitute them the real owners, and hence that they could not avail themselves of it as a counterclaim or setoff. These objections will be considered in the…
2Cases cited4 opinions
- Hooker v. . Eagle Bank of RochesterNew York Court of Appeals · 1864
- Ford v. StuartNew York Supreme Court · 1822
- Rupp v. BlanchardNew York Supreme Court · 1861
- Arnold v. JohnstonNew York Court of Common Pleas · 1865
3Cited by6 opinions
- Skobis v. FergeWisconsin Supreme Court · 1899
- Frels v. Little Black Farmers' Mutual InsuranceWisconsin Supreme Court · 1904
- Erickson v. Brookings CountySouth Dakota Supreme Court · 1892
- Lauerman Bros. v. RiehlWisconsin Supreme Court · 1914
- Mason v. Chicago Title & Trust Co.Appellate Court of Illinois · 1898
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