Atwater v. Manville
Wisconsin Supreme Court
Appeal from, a judgment of the circuit court for Milwaukee county: D. H. Johnson, Circuit Judge. This is an action by one alleged partner against his co-partner to recover one half of the net losses of the partnership business.
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Appeal from, a judgment of the circuit court for Milwaukee county: D. H. Johnson, Circuit Judge. This is an action by one alleged partner against his co-partner to recover one half of the net losses of the partnership business. The complaint, in effect, alleges that a partnership was formed between the plaintiff and the defendant on or about March 1, 1891, to engage in the purchase and sale of wheat in Milwaukee and Chicago, upon an equal division of profits and losses; that pursuant thereto large sums of money were paid out by the plaintiff in the partnership business, amounting to…
1Opinion of the CourtWiNslow, J.
There is sufficient evidence to support the finding of the trial court to the effect that a partnership was *66formed between the parties on or about March 1, 1891; therefore we shall not spend any time upon that question, but proceed at once to the question whether the evidence supports the conclusion that such partnership was formed for the purpose of transacting a legitimate business.
The legal principles applicable to board-of-trade transactions are well settled. Contracts in form for the sale and purchase of commodities, where neither party intends to deliver or accept the property nominally…
2Cases cited5 opinions
- Jamieson v. WallaceIllinois Supreme Court · 1897
- Beveridge v. HewittAppellate Court of Illinois · 1881
- Lowry v. DillmanWisconsin Supreme Court · 1884
- Wall v. SchneiderWisconsin Supreme Court · 1884
- Wheeler v. McDermidAppellate Court of Illinois · 1890
3Cited by3 opinions
- Sheffield-King Milling Co. v. JacobsWisconsin Supreme Court · 1920
- Carson v. Milwaukee Produce Co.Wisconsin Supreme Court · 1907
- Sheffield-King Milling Co. v. JacobsWisconsin Supreme Court · 1920