Legal Opinion

Behl v. Schuett

Wisconsin Supreme Court

Decided September 26, 1899Published

Appeal from a judgment of the circuit court for Eond du Lac county: Michael Bhewah, Cirtíuit Judge. This is an action upon a promissory note dated February 23, 1893, for $237.50, signed by the defendants, payable to the order of the plaintiff ten days after date. The defense was that the note was obtained by the plaintiff by means of duress of imprisonment.

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Appeal from a judgment of the circuit court for Eond du Lac county: Michael Bhewah, Cirtíuit Judge. This is an action upon a promissory note dated February 23, 1893, for $237.50, signed by the defendants, payable to the order of the plaintiff ten days after date. The defense was that the note was obtained by the plaintiff by means of duress of imprisonment. The evidence in support of this defense will be found substantially stated in the report of this same case,' 88 Wis. 471, when it was here upon the previous appeal, and it is therefore unnecessary to restate the facts here. The jury…

1Opinion of the CourtWinslow, J.

The only errors claimed relate to the charge of the court. These will be considered.

The court stated to the jury the claims of the defendants in the following terms: “ They claim, among other things, that the plaintiff and his wife — that is, Mr. Behl and his wife — *78brought an action in 1893 against the défendant William Christian for malicious prosecution, laying their damages in that action at the sum of $20,000; that they procured a warrant of arrest in that action from a court commissioner of Milwaukee county for the arrest of William Christian, with directions to hold him to bail in the…

2Cases cited1 opinion

  1. Heckman v. SwartzWisconsin Supreme Court · 1885

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