Bazelon v. Lyon
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Douglas county: Chables Smith, Judge. This is an appeal from a judgment in favor of the plaintiff for the sum of $34.30. The claim set up in the complaint is for money had and received on account of money paid to the defendants for goods which were returned.
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Appeal from a judgment of the superior court of Douglas county: Chables Smith, Judge. This is an appeal from a judgment in favor of the plaintiff for the sum of $34.30. The claim set up in the complaint is for money had and received on account of money paid to the defendants for goods which were returned. The defendants answered denying generally the allegations of the complaint, and feet up three several counterclaims amounting in the aggregate to $139.64. The gist of the several counterclaims is that the defendants at different times, at the instance and request of the plaintiff, shipped to…
1Opinion of the CourtKeRwiw, J.
1. Error is assigned because tbe court permitted tbe witness Bazelon to testify to tbe contents of a letter wbicb be claims to bave received from tbe defendants, upon tbe grounds that tbe original should bave been produced or a proper foundation laid for secondary evidence of its contents, wbicb bad not been done! We tbink tbe testimony sufficient to warrant tbe introduction of secondary evidence. There was evidence to tbe effect that tbe letter could not be produced — -that it bad been burned or destroyed. Besides, it does not appear to be seriously disputed that a copy of tbe missing letter…
2Cases cited8 opinions
- Mauch v. City of HartfordWisconsin Supreme Court · 1901
- Davis v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
- Beyer v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1901
- Bannon v. Insurance Co. of North AmericaWisconsin Supreme Court · 1902
- Kelley v. CrawfordWisconsin Supreme Court · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Rupp v. Travelers Indemnity Co.Wisconsin Supreme Court · 1962
- Sanborn v. WaltersWisconsin Supreme Court · 1911
- Sexton v. GoodrichWisconsin Supreme Court · 1907
- Parker v. Motor Transport Co.Wisconsin Supreme Court · 1948
- Graton & Knight Co. v. Mayville Shoe Corp.Wisconsin Supreme Court · 1945