Shaw v. Gilbert

Decided September 24, 1901

Wisconsin Supreme Court · decided 1901-09-24

W. Helms, Judge. For more than a year prior to February 1,1893, the plaintiff, Addie M. Shorn, in association with George H. Hopper, under the firm name of N. Shaw & Co., was engaged in a foundry business at Eau Claire, where was located the National Electric Manufacturing Company, engaged in the manufacture and sale of electrical machinery, dynamos, generators, and the like, involving the taking of considerable contracts for the installation of electric plants.

Good law ✅— No negative treatment on recordhow we know

Reversed · Decided 1901-09-24

How this case has been cited

Cited by 34 later decisions — most recently August 1983 · most notably Flamm v. Noble (1947), Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. Railroad Commission of Wisconsin (1908)

1 federal appellate · 1 district · 31 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Cassoday, 0. J.

¶1I concur in the reversal of the judgment, in this case for errors mentioned in the opinion filed; but,, assuming that the plaintiff has the right to recover, then I dissent from the proposition that the plaintiff, as surviving partner of the firm, cannot recover the full amount of damages sustained by the firm by reason of the tort committed by the defendant. In my judgment, the defendant is not relieved from such liability by reason of the fact that the plaintiff purchased the interest of her partner in the assets and business of the firm. This view is sustained, as I think, by the authorities cited by the plaintiff’s counsel.

¶2A motion by the appellant for a rehearing was submitted on the brief of Frawley, Bundy & Wilcox, attorneys, and G. M. Woodward’, of counsel.

¶3The motion was denied September 24, 1901.