Norton v. Rooker
Wisconsin Supreme Court
ERROR to the District Court for Racine County. Norton brought an action of assumpsit against RooJcer, in the court below, upon a promissory note for $464, dated July 21,1838, payable one year after date in boots and shoes, to be delivered at Foxville, in Racine county. The declaration also contained the common money counts, accompanied with a copy of the note and a bill of particulars.
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ERROR to the District Court for Racine County. Norton brought an action of assumpsit against RooJcer, in the court below, upon a promissory note for $464, dated July 21,1838, payable one year after date in boots and shoes, to be delivered at Foxville, in Racine county. The declaration also contained the common money counts, accompanied with a copy of the note and a bill of particulars. RooTter pleaded the general issue, and gave notice of special matter to be given in evidence, to wit: That the note sued on was given without consideration, and was obtained by fraud and deceitful…
1Opinion of the CourtIrvin, J.
This cause came up on error to the judgment of the district court of Eacine county, given at the November term of said court for 1841.
The action was assumpsit instituted by Nelson R. Norton, the defendant in error, against Joseph Hooter, the plaintiff in error, upon a promissory note, to be discharged by a payment in shoes and boots, and an account, and declared on with the usual counts in that form of action ; to which the defendant interposed a plea of the general issue, with a notice of set-off and special matter to be given in evidence.
In the progress of this cause, it appears that the…
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