Butler v. Kirby
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. Action commenced August 12, 1878, to recover a certain sum for work and labor done by the plaintiff-as an employee in defendant’s livery stable in Milwaukee, from January 1, 1866, to January, 1878, under an agreement made with the firm of J. & IT. B. Kirby.
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APPEAL from the County Court of Milwaukee County. Action commenced August 12, 1878, to recover a certain sum for work and labor done by the plaintiff-as an employee in defendant’s livery stable in Milwaukee, from January 1, 1866, to January, 1878, under an agreement made with the firm of J. & IT. B. Kirby. It appears that said firm was dissolved by the death of H. B. Kirby, in August, 1873. The answer was, in substance, that so much of said work as was done prior to August 31, 1873, was done for the partnership, and that the defendant was not liable therefor; that as to all work done before…
1Opinion of the CourtCassoday, J.
We have carefully read and reread all the testimony in this case; but as a discussion of the question of *190■fact involved can be of no benefit to any one, we refrain from incumbering the reports by such analysis. Erom a prepon-derail ce of the evidence we are forced to believe that in June, 1866, and while the plaintiff was at work for the defendant’s firm at $10 a month in their livery business, he was offered $50 a month by the witness Weatherbee, and he thereupon, in effect, informed the defendant of such offer, and of his intention to accept the same and quit the employment of the firm, and…
2Cases cited6 opinions
- Voorhis v. . Childs'New York Court of Appeals · 1858
- Davis v. . GortonNew York Court of Appeals · 1857
- Mims' Executors v. SturtevantSupreme Court of Alabama · 1850
- McVean v. ScottNew York Supreme Court · 1866
- Rider v. Union India Rubber Co.The Superior Court of New York City · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Segall v. HurwitzCourt of Appeals of Wisconsin · 1983
- Ennis v. Pullman Palace Car Co.Illinois Supreme Court · 1896
- State v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1907
- La Coursier v. RussellWisconsin Supreme Court · 1892
- Fitzpatrick v. Estate of PhelanWisconsin Supreme Court · 1883
7 more not listed; retrieve them via the Exa API.