Clausen v. Head
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Kenosha county; Eeank M. Eish, Circuit Judge. Action on a contract to recover of defendants as partners the sum of $1,000. Defendants, for some time prior to 1895, pretended to be a corporation by the name of Dan Head & Co.,.and as such, carried on a banking business in the city of Kenosha, Wisconsin. At the time named, the company, as a corporation, made an assignment to George Hale for the benefit of creditors.
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Appeal from a judgment of the circuit court for Kenosha county; Eeank M. Eish, Circuit Judge. Action on a contract to recover of defendants as partners the sum of $1,000. Defendants, for some time prior to 1895, pretended to be a corporation by the name of Dan Head & Co.,.and as such, carried on a banking business in the city of Kenosha, Wisconsin. At the time named, the company, as a corporation, made an assignment to George Hale for the benefit of creditors. Pursuant thereto said as-signee took possession of the assets of the ostensible assignor and proceeded to administer his trust.…
1Opinion of the Court
Maeshall, JV
The judgment must be affirmed upon several grounds, either of which is sufficient. If appellant, in the transaction out of which the alleged claim arose, dealt with the association known as Dan Head & Co. as a corporation, such dealing, by estoppel, as to such transaction, fixed the status of the company to be what it was represented and recognized to be therein. Slocum v. Head, 105 Wis. 431. If the dealings with the association, if any such were had, were not with it in the capacity mentioned, since it appears beyond dispute that when the claim was filed with the assignee…
2Cases cited7 opinions
- In re Van NormanSupreme Court of Minnesota · 1889
- Finney v. GuyWisconsin Supreme Court · 1900
- Barth v. LoeffelholtzWisconsin Supreme Court · 1901
- Carroll v. FethersWisconsin Supreme Court · 1899
- Schrepfer v. Rockford InsuranceSupreme Court of Minnesota · 1899
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- Grizzard v. FiteTennessee Supreme Court · 1916
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