Little Wolf Imp. Co. v. Hanscom

• Decision Date: 06 April 1886
• Citation: 66 Wis. 42,27 N.W. 625
• Parties: LITTLE WOLF IMP. CO. v. HANSCOM, DEFENDANT, AND ANOTHER, GARNISHEE, AND OTHERS, IMPLEADED.
• Court: Wisconsin Supreme Court

66 Wis. 42

27 N.W. 625

LITTLE WOLF IMP. CO.

v.HANSCOM, DEFENDANT, AND ANOTHER, GARNISHEE, AND OTHERS, IMPLEADED.

Supreme Court of Wisconsin.

Filed April 6, 1886.

Appeal from circuit court, Winnebago county.J. W. Hume, Weisbrod & Harshaw, and J. Freeman, for respondent.

Reed & Lines and Pinney & Sanborn, for appellants.

ORTON, J.

The respondent having commenced suit against the defendant Hanscom for the sum of $347.86, summoned Andrew Jackson as garnishee on the twenty-sixth day of June, 1883, claiming that he was indebted to the defendant, and said garnishee answered, disclosing substantially the following facts: On the twentieth day of October, 1882, the said Jackson entered into a contract in writing with said defendant and one Bemis, by which they were to cut, get out, and raft over 2,000,000 feet of logs from his land. At the time of the service of the garnishee summons this contract was not completed, but had progressed so far that he had paid them thereon $4,966.70, and had become liable to pay as garnishee two claims against them of about $800 in the aggregate, and had accepted their order on him for $345.93 in favor of one J. M. Mueller, (and it may be as well stated here that said garnisheeat that time owed the defendant nothing on said contract, as found by the court.) In March, 1883, the said Bemis sold and assigned his interest in the contract to the said defendant Hanscom, and on the third day of May, 1883, the said Hanscom, having become indebted to Coolidge & Co., bankers, for money loaned, and desiring to borrow of them more money to be used in the completion of said contract, assigned to them his interest in the same as collateral security, and a short time thereafter he abandoned said contract, and left it to be completed by them. The plaintiff took issue upon the garnishee's answer disclosing these facts, and caused the said E. Coolidge and Myron Reed, composing the firm of Coolidge & Co., and the said Mueller, to be impleaded; and upon their answers and the evidence before the referee these further facts appeared: Soon after the said assignment, and probably on the same day, it was agreed between Hanscom and Coolidge & Co. that after the completion of said contract by them, and the payment to them of their claims out of the proceeds thereof, they should pay to certain creditors of Hanscom, in the county of Waupaca, their several claims, amounting in the aggregate to about $2,000, out of the overplus coming to him on said contract, and said creditors were notified thereof and assented thereto. The said garnishee, Jackson, accepted the said order to Mueller before he had notice of said assignment to Coolidge & Co., and had become liable as garnishee in other cases for nearly $800, which he had since paid, but he had left unpaid said order, and since then there have been paid liens on said logs of between $800 and $1,000. At the time the cause was referred, May 14, 1885, the contract had been fully completed by said Coolidge & Co., and on failure of the said garnishee, Jackson, to pay the balance due thereon by the authority and direction of said defendant Hanscom, Coolidge & Co. brought suit against said Jackson for the same, and, by Hanscom's direction and assent, the suit was compromised and discontinued at the costs of said Hanscom of $326.64, and on final settlement with the said Jackson there was found due on the contract the sum of $2,926.09, subject, however, to said order to Mueller. In the mean time Coolidge & Co. had contracted with other parties to get out and raft said logs in performance of said contract, and paid therefor; and it became necessary to employ an attorney at law to perform certain necessary services in and about the same, and in traveling and superintending the same, and the Honorable Myron Reed, being an attorney at law and one of said company, rendered such necessary and reasonable service, and paid for expenses attending the same, in all to the value of $260, for the benefit of said Coolidge & Co. and in completion of said contract, and said Coolidge & Co. paid the costs of said suit so as aforesaid compromised and settled. There was found due Coolidge & Co. for moneys so advanced the sum of $1,812.09, and Mueller's order, with interest, was the sum of $397.35.

The final findings and judgment of the court were (1) that the said Myron Reed and E. Coolidge be paid said costs and fees of $326.64, together with said sum of $1,812.09; (2) that said Mueller be paid said sum of $397.35 on said order; (3) that the plaintiffs be paid their judgment in the action of $426.64; (4) that Mueller recover his costs of garnishee, Jackson; and (5) that the plaintiff recover its costs of Jackson.

This statement of the case is sufficient to make intelligible the points raised on the...