Bartlett v. Collins
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Sheboy-gan county: Michael KiewaN, Circuit Judge. The plaintiffs, who are. grain commission merchants in the city of Milwaukee, brought this action against the defendant to recover upon open account for moneys advanced and services performed for the defendant in July and August, 1897. The account is set forth in the complaint as follows: E. C. Collins, in account with Leman Bartlett & Son, Dr. August 19th, 1897. To 2,000 bu.…
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Appeal from a judgment of the circuit court for Sheboy-gan county: Michael KiewaN, Circuit Judge. The plaintiffs, who are. grain commission merchants in the city of Milwaukee, brought this action against the defendant to recover upon open account for moneys advanced and services performed for the defendant in July and August, 1897. The account is set forth in the complaint as follows: E. C. Collins, in account with Leman Bartlett & Son, Dr. August 19th, 1897. To 2,000 bu. wheat at $.89J-. §1,782 50 “ To commission. 2 50 Total.T. §1,785 00 Credit. July 30th, 1897. By 1,000 bu. wheat sold…
1ConcurrenceCassoday, C. J.
I concur in the reversal of this judgment, but solely on the ground that an instruction applicable to a general verdict was given, whereas the case was submitted to the jury on a special verdict, contrary to the rule as held in Ward v. C., M. & St. P. R. Co. 102 Wis. 215, and subse*485quent cases. I cannot concur, however, in the proposition that the trial court committed an error in charging the jury to the effect that the burden of proof was upon the defendant to satisfy them by the greater weight of evidence that both parties intended to make, and did make, a gambling or wagering contract by…
2Cases cited15 opinions
- Hobbs v. McLeanSupreme Court of the United States · 1886
- Irwin v. WilliarSupreme Court of the United States · 1884
- Bibb v. AllenSupreme Court of the United States · 1893
- Crawford v. SpencerSupreme Court of Missouri · 1887
- Bigelow v. . BenedictNew York Court of Appeals · 1877
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