Lowry v. Dillman
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Action upon a promissory -note for $641.25, given by the defendant to the plaintiff. The facts sufficiently appear from the opinion. The defendant appealed from a judgment in favor of the plaintiff. To the point that the burden of proving the transaction illegal was upon the defendant, they cited: Roundtree v. Smith, 108 U. S., 269; Murry v. Ocheltree, 49 Iowa, 435; TJnion Nat. Bank v. Oarr, 15 Fed.
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APPEAL from the Circuit Court for Milwaukee County. Action upon a promissory -note for $641.25, given by the defendant to the plaintiff. The facts sufficiently appear from the opinion. The defendant appealed from a judgment in favor of the plaintiff. To the point that the burden of proving the transaction illegal was upon the defendant, they cited: Roundtree v. Smith, 108 U. S., 269; Murry v. Ocheltree, 49 Iowa, 435; TJnion Nat. Bank v. Oarr, 15 Fed. Rep., 438; Gilbert v. Granger, 8 Biss., 214; Pixley v. Boynton, 79 Ill., 351; Bigelow v. Benedict, 70 N. Y., 202.' To make the contract void…
1Opinion of the CourtCole, C. J.
The defense set up in the answer to the note sued on is that it was given to the plaintiff on the settlement of balances on gambling contracts in barley, which the plaintiff had made with the defendant, or with others at his request. At the close of the testimony the learned circuit court directed the jury to return a verdict in favor of the plaintiff for the amount due on the note. The sole question we have to consider is, Was there sufficient evidence to carry the case to the jury on the point whether or not the note was’given for differences or losses in gambling contracts? We are all…
2Cases cited2 opinions
- Barnard v. BackhausWisconsin Supreme Court · 1881
- Everingham v. MeighanWisconsin Supreme Court · 1882
3Cited by13 opinions
- Embrey v. JemisonSupreme Court of the United States · 1889
- Harvey v. MerrillMassachusetts Supreme Judicial Court · 1889
- Sheffield-King Milling Co. v. JacobsWisconsin Supreme Court · 1920
- Mohr v. MiesenSupreme Court of Minnesota · 1891
- Carson v. Milwaukee Produce Co.Wisconsin Supreme Court · 1907
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