Sprout v. Crowley
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. This action was brought to recover the amount due on a promissory note executed by tbe defendant to tbe plaintiffs.
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APPEAL from the Circuit Court for Dane County. This action was brought to recover the amount due on a promissory note executed by tbe defendant to tbe plaintiffs. Tbe questions presented by tbe appeal, arise upon tbe second counter-claim in tbe answer, which is in substance that tbe parties entered into an agreement, by tbe terms of which tbe defendant was to furnish material for, and manufacture a quantity of derricks on joint account and as a joint adventure, and to sell, or attempt to sell tbe same, and tbat tbe plaintiffs on tbe one part and tbe defendant on the other, should equally bear…
1Opinion of the CourtLyoh, J.
It is claimed on behalf of the plaintiffs, that the alleged indebtedness of the plaintiffs to'the defendant, arises out of partnership transactions, and until an account is stated, and the balance ascertained, the same is not proper subject matter of a counter-claim, and that, therefore, the demurrer to the counter-claim was properly sustained.
It is essential to a valid counter-claim that it exist in favor of a defendant, and against a plaintiff, between whom a several judgment might be had in the action, and arising out of the following causes of action:
1. A cause of action arising out of…
2Cases cited2 opinions
- Townsend and Others v. GoeweyNew York Supreme Court · 1838
- Collamer v. FosterSupreme Court of Vermont · 1854
3Cited by24 opinions
- Hill v. PalmerWisconsin Supreme Court · 1882
- Sullivan v. SullivanWisconsin Supreme Court · 1904
- George v. BenjaminWisconsin Supreme Court · 1898
- Pendleton v. BeyerWisconsin Supreme Court · 1896
- Edwards v. RemingtonWisconsin Supreme Court · 1881
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