Johnson v. Huber
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Pierce county: James O’Neill, Judge. Tbe defendant, on December 23, 1897, recovered judgment against tbe plaintiff for $595.81, which judgment became paid by an accord and satisfaction about November 7, 1898, under an agreement to receive $300 and a release of tbe judgment plaintiff from certain claims of tbe judgment defendant.
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Appeal from a judgment of tbe circuit court for Pierce county: James O’Neill, Judge. Tbe defendant, on December 23, 1897, recovered judgment against tbe plaintiff for $595.81, which judgment became paid by an accord and satisfaction about November 7, 1898, under an agreement to receive $300 and a release of tbe judgment plaintiff from certain claims of tbe judgment defendant. Tbe validity of that accord and satisfaction was denied by tbe present defendant, and a suit in equity to declare its validity and tbe satisfaction of tbe judgment was commenced January 9, 1899, which, after an appeal to…
1Opinion of the CourtDodge, J.
In this case we think it entirely apparent tbat at tbe time respondent demanded of appellant tbat be cancel tbe judgment in question tbe latter contended in good faith tbat tbe same bad not been paid. Tbat question was litigated in tbe suit in equity mentioned in tbe statement of facts, was decided in appellant’s favor by tbe trial court, and not until it reached this court on appeal was it established tbat tbe judgment bad been satisfied by tbe settlement made. It was, therefore, not a case of contumacious and wilful refusal to cancel of record a judgment wbicb tbe creditor knew bad been…
2Cases cited3 opinions
- Schumacher v. FalterWisconsin Supreme Court · 1902
- Burrows v. BangsMichigan Supreme Court · 1876
- Shields v. KlopfWisconsin Supreme Court · 1887
3Cited by9 opinions
- State v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1906
- Krom v. Antigo Gas Co.Wisconsin Supreme Court · 1913
- Feiges v. Racine Dry Goods Co.Wisconsin Supreme Court · 1939
- Chrome Plating Co. v. Wisconsin Electric Power Co.Wisconsin Supreme Court · 1942
- Bucher v. YoungIndiana Court of Appeals · 1927
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