Holgate v. Downer
Wyoming Supreme Court
ERROR to the District Court, Sheridan County, Hon. Joseph L. Stotts, Judge. Action on a promissory note brought in justice court. Defendant pleaded a set-off. Plaintiff recovered judgment for $150 and costs, and defendant appealed to the district court. In that court judgment was rendered for plaintiff for $120, and the latter ordered to pay all costs.
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ERROR to the District Court, Sheridan County, Hon. Joseph L. Stotts, Judge. Action on a promissory note brought in justice court. Defendant pleaded a set-off. Plaintiff recovered judgment for $150 and costs, and defendant appealed to the district court. In that court judgment was rendered for plaintiff for $120, and the latter ordered to pay all costs. Plaintiff prosecuted error.' The claim set up by defendant as a counterclaim was one held by him and plaintiff’s husband as partners, and can not be urged in this suit or used to reduce the amount of plaintiff’s recovery. (E. S., Sections 2458,…
1Opinion of the Court
Potter, Chief Justice.
Plaintiff in error, E. M. Holgate, brought suit in justice court upon promissory note for $150, executed by George Downer, defendant in error, dated January 1, 1897, and payable to the plaintiff in error ninety days after date.
To plaintiff’s petition defendant filed an answer as follows:
‘ ‘ Comes now the defendant, and for his answer to the petition of the plaintiff herein admits the execution and delivery of the note set out in plaintiff’s petition, but denies each and every other allegation in plaintiff’s petition contained.
' ‘ ‘ And as a further and second defense to…
2Cases cited9 opinions
- Hubbell v. WoolfIndiana Supreme Court · 1860
- Hoile v. YorkWisconsin Supreme Court · 1870
- Mitchell v. O'NealeNevada Supreme Court · 1868
- Rainsford v. MassengaleWyoming Supreme Court · 1894
- Reboul v. ChalkerSupreme Court of Connecticut · 1858
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hashimoto v. Marathon Pipe Line Co.Wyoming Supreme Court · 1989
- Rush v. First Nat. Bank of AmarilloCourt of Appeals of Texas · 1913
- Conway v. SkidmoreWyoming Supreme Court · 1935
- Downer v. HolgateWyoming Supreme Court · 1903
- Hashimoto v. Marathon Pipe Line Co.Wyoming Supreme Court · 1989