Lyle v. Esser
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: E. Gr. SiebeoKee, Circuit Judge. This action was commenced in justice’s court.
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Appeal from a judgment of the circuit court for Dane county: E. Gr. SiebeoKee, Circuit Judge. This action was commenced in justice’s court. The complaint alleges, in effect, that January 1, 1881, the plaintiff and one E. W. Dufrenne were copartners doing business as ■merchants under the firm name of Dufrenne & Lyle at Middleton, and had been for some time prior thereto; that on that day the defendant was indebted to the firm on account for merchandise in the sum of $166.59, and gave his note to the firm therefor, payable one year after date, with interest at ten per cent, until paid; that the…
1Opinion of the CourtCassodat, C. J.
The trial of the issue of fact raised by the pleading's necessarily required the examination of a long account, and hence there was no error in granting the reference. E. S. sec. 2864; Turner v. Nachtsheim, 71 Wis. 16; Sutton v. Wegner, 74 Wis. 347; Briggs v. Hiles, 79 Wis. 571.
Our statutes provide, in effect, that no acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the cause out of the operation of the statutes of limitation, unless the same be contained in some writing signed by the party to be charged thereby (sec. 4243, E. S.); but…
2Cases cited5 opinions
- Hill v. ChipmanWisconsin Supreme Court · 1884
- Blanchard v. BlanchardMassachusetts Supreme Judicial Court · 1877
- Turner v. NachtsheimWisconsin Supreme Court · 1888
- Briggs v. HilesWisconsin Supreme Court · 1891
- Sutton v. WegnerWisconsin Supreme Court · 1889
3Cited by6 opinions
- Hughes v. ThomasWisconsin Supreme Court · 1907
- Eilke v. RiceCalifornia Supreme Court · 1955
- Enwright v. GriffithWisconsin Supreme Court · 1919
- Long v. MatesWisconsin Supreme Court · 1935
- Wilt v. Neenah Cold Storage Co.Wisconsin Supreme Court · 1907
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