Kelley v. Schupp
Wisconsin Supreme Court
APPEAL from the Circuit Court for St. Croix County. The plaintiff brought this action as assignee of one John Hennessy, to recover an unpaid balance for work and labor alleged in the complaint to have been done by the latter for the defendants as partners, between October 1, 1815,'and March 27, 1876, in and about the cutting and hauling of certain pine saw-logs.
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APPEAL from the Circuit Court for St. Croix County. The plaintiff brought this action as assignee of one John Hennessy, to recover an unpaid balance for work and labor alleged in the complaint to have been done by the latter for the defendants as partners, between October 1, 1815,'and March 27, 1876, in and about the cutting and hauling of certain pine saw-logs. It is alleged that the labor was performed at the special instance and request of the defendants; also that one McDonald had charge of the work for the defendants, and employed the men for them to do it, and that the defendants…
1Opinion of the CourtLyoN, J.
1. The question whether, after Hennessy lmd performed the labor on the logs got out by McDonald, the defendants promised to pay him the balance due therefor, was not submitted to the jury. The learned circuit judge in his charge'made the case turn entirely upon the quéstion whether the defendants promised Hennessy before he did the work, either personally or through the authorized agency of McDonald, to pay him therefor. This is equivalent to a ruling that there was not sufficient testimony to go to the jury tending to show such promise after the work was done. McDonald testified that the…
2Cases cited7 opinions
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- Young v. FrenchWisconsin Supreme Court · 1874
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- Nash v. HoxieWisconsin Supreme Court · 1884
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