Martin v. Pugh
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The complaint alleged that, on, etc., defendant executed and delivered to plaintiff his promissory note, whereby, for value received, six months from the date thereof, he promised to pay plaintiff $200; that said note is now lawfully held and owned by the plaintiff, and there is now due and in arrear from defendant to plaintiff thereon $200, with interest from date.
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APPEAL from the Circuit Court for Milwaukee County. The complaint alleged that, on, etc., defendant executed and delivered to plaintiff his promissory note, whereby, for value received, six months from the date thereof, he promised to pay plaintiff $200; that said note is now lawfully held and owned by the plaintiff, and there is now due and in arrear from defendant to plaintiff thereon $200, with interest from date. The answer admits that defendant executed and delivered to plaintiff the note described in the complaint, for a valuable consideration, but denies generally all the other…
1Opinion of the CourtPaiNE, J.
This was an action on a promissory note, and the answer was a general denial, and a counterclaim for money had and received. On the trial, the defendant offered evidence of payment under the general denial, which was excluded because payment had not been alleged in the answer. Under his general counterclaim for money had and received, he offered to prove the payment of usurious interest, which he sought to recover back and have allowed. This was excluded, because he had not alleged specifically the facts showing usury. The authorities cited by the respondent show that the rulings of the court…
2Cited by6 opinions
- Dutcher v. DutcherWisconsin Supreme Court · 1876
- Esbensen v. HoverColorado Court of Appeals · 1893
- Wilkinson v. United States Fidelity & Guaranty Co.Wisconsin Supreme Court · 1903
- Hawes v. WoolcockWisconsin Supreme Court · 1872
- Rossiter v. SchultzWisconsin Supreme Court · 1885
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