Schieffelin v. Whipple
Wisconsin Supreme Court
APPEAL PROM CIRCUXT COURT, PIERCE COUNTY. This was an action commenced by declaration, containing only the money counts. The action was founded upon a promissory note for 0367,61, dated September 2, 1850, and payable in six months from date. No copy of the note was given, nor was there any special count upon it. The declaration was served February 28, 1857, and the plea of the general issue interposed.
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APPEAL PROM CIRCUXT COURT, PIERCE COUNTY. This was an action commenced by declaration, containing only the money counts. The action was founded upon a promissory note for 0367,61, dated September 2, 1850, and payable in six months from date. No copy of the note was given, nor was there any special count upon it. The declaration was served February 28, 1857, and the plea of the general issue interposed. The trial took place on the 25th November, 1857, before the court, without a jury, when the plaintiff offered to read the note in evidence, and it being objected to, was ruled out by the court…
1Opinion of the Court
By the Court,
Paine J.
Conceding in this case that the court below was right in rejecting the note offered in evidence, under a declaration containing the common counts only, yet we think it erred in refusing to allow the plaintiff to amend upon terms. In disposing of this motion no stress was placed upon the fact that the court had already *83directed a nonsuit. That was done after‘the plaintiffs’ counsel, in answer to a question whether he had further evidence, had said, “if the note was not admitted, he supposed the suit must go down.” But immediately, and before any judgment was entered, on…
2Cases cited1 opinion
- Fox River Valley Railroad v. ShoyerWisconsin Supreme Court · 1859
3Cited by9 opinions
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- Wright v. BachellerSupreme Court of Kansas · 1876
- Basham v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1915
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