Barton v. Kane
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaulcee County. Action to recover the contract price of cigars and tobacco alleged to have been sold and delivered to the defendant by the plaintiff.
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APPEAL from the Circuit Court for Milwaulcee County. Action to recover the contract price of cigars and tobacco alleged to have been sold and delivered to the defendant by the plaintiff. The answer, besides a general denial, set up a special defense as follows: That on the 30th of October, 1860, one Schrauber, as the plaintiff’s agent, exhibited to the defendant, at Milwaukee, samples of cigars well seasoned and in excellent condition for use, &c.; that the defendant then ordered, through said agent, five thousand cigars similar to the samples to be delivered at the American House in…
1Opinion of the Court
By the Court,
Dixow, C. J.
This case abounds in exceptions, many of which merit no discussion. We shall speak only of such as do.
Whether leading questions shall be permitted rests in the sound discretion of the court in which the trial is had, and decisions with respect to them are not the subject of exception.
The testimony of the witness Schrauber, that the plaintiff, about the same time, forwarded to other purchasers cigars, the ‘same in kind as those furnished the defendant, and that those purchasers made no complaint that the cigars received by them were damp, unseasoned or unfit for use,…
2Cases cited8 opinions
- Ganson v. MadiganWisconsin Supreme Court · 1862
- Dodge v. McDonnellWisconsin Supreme Court · 1861
- Morris v. RunnellsTexas Supreme Court · 1854
- Smith v. ComptonCalifornia Supreme Court · 1856
- Bruce v. PearsonNew York Supreme Court · 1808
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Proper v. StateWisconsin Supreme Court · 1893
- Porath v. StateWisconsin Supreme Court · 1895
- City of Ripon v. BittelWisconsin Supreme Court · 1872
- State v. StaleySupreme Court of Minnesota · 1869
- Ashland Lime, Salt & Cement Co. v. ShoresWisconsin Supreme Court · 1899
17 more not listed; retrieve them via the Exa API.