McConihe v. Hollister
Wisconsin Supreme Court
APPEAL from the Circuit Court for Walworth County. Action, to foreclose a mortgage given by the defendants William Hollister and wife to the Racine & Mississippi Railroad Company, to secure a note for $800, executed to said company by William Hollister. The plaintiff -claimed as assignee in good faith and for a valuable consideration before the note was due.
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APPEAL from the Circuit Court for Walworth County. Action, to foreclose a mortgage given by the defendants William Hollister and wife to the Racine & Mississippi Railroad Company, to secure a note for $800, executed to said company by William Hollister. The plaintiff -claimed as assignee in good faith and for a valuable consideration before the note was due. The answer of Hollister alleges that the note and mortgage were given for eight shares of the stock of said company ; that he was induced to subscribe for said stock and execute the note and mortgage, by certain false and fraudulent…
1Opinion of the Court
By the Court,
DowíteR, J.
The only question presented by the appellant is, whether the answer is a counter-claim and entitled to be taken as true without proof. The facts alleged in the answer, if proved, would be a good defense. Some of the allegations are such as are proper only for a defense, and which no good pleader would have inserted in a counter-claim. We are inclined to the opinion that where an answer does not in form set up a counter-claim, but contains allegations sufficient either for a defense or counter-claim, it should be construed to set up a defense merely. The rule was…
2Cases cited2 opinions
- Burrall v. De GrootThe Superior Court of New York City · 1856
- Coursen v. HamlinThe Superior Court of New York City · 1853
3Cited by8 opinions
- Du Pont v. DavisWisconsin Supreme Court · 1874
- Barker v. Knickerbocker Life InsuranceWisconsin Supreme Court · 1869
- Goodrich v. WilliamsonSupreme Court of Oklahoma · 1899
- Gunn v. MadiganWisconsin Supreme Court · 1871
- Taylor v. MattesonWisconsin Supreme Court · 1893
3 more not listed; retrieve them via the Exa API.