Hawes v. Woolcock
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. Action upon a promissory note payable to ¥m. J. Hoare or order, and transferred by him to the plaintiff after the same became due. The defendant set up in Ms answer a counter claim for the rent of a farm in Canada, which he alleged was leased by Mm to Wm.
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APPEAL from the Circuit Court for Jefferson County. Action upon a promissory note payable to ¥m. J. Hoare or order, and transferred by him to the plaintiff after the same became due. The defendant set up in Ms answer a counter claim for the rent of a farm in Canada, which he alleged was leased by Mm to Wm. J. Hoare, the payee of the note, and to one Walter W. Hoare, and occupied by them for three years, and that the yearly rental thereof was of the value of three hundred dollars. The reply to such counter-claim is a general dernal. On the trial the plaintiff was permitted to read in evidence…
1Opinion of the CourtLyoN, J.
It is obvious that the jury, in making up their *215verdict allowed tbe defendant $900 rent for tbe use of bis farm in Canada, less tbe $750 wbicb be testified be obtained from "Walter W. Hoare in tbe litigation in Canada. If, therefore, tbe evidence concerning tbe receipt of tbe $750, was improperly admitted, it is an error wbicb must necessarily result in a reversal of tbe judgment.
It is claimed that the plaintiff should have pleaded the adjudication in Canada, and should have proved it by an exemplified copy of the judgment record in that suit, and that parol testimony of the amount allowed…
2Cases cited1 opinion
- Martin v. PughWisconsin Supreme Court · 1868
3Cited by4 opinions
- Chicago Art Co. v. ThackerWest Virginia Supreme Court · 1909
- Wilkinson v. United States Fidelity & Guaranty Co.Wisconsin Supreme Court · 1903
- Rossiter v. SchultzWisconsin Supreme Court · 1885
- Sleep v. HeymannWisconsin Supreme Court · 1883