Johnson v. Wilson
Wisconsin Supreme Court
ERROR to the District Court for Iowa County. Action of assumpsit brought by Robert Wilson as administrator of the estate of Thomas Wilson, against Esau Johnson, to recover the amount of a draft or order for the sum of two hundred dollars, drawn by Johnson upon one Lee in favor of the plaintiff’s intestate, which was not paid on presentation by the drawee. The defendant pleaded the general issue with a notice of set-off.
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ERROR to the District Court for Iowa County. Action of assumpsit brought by Robert Wilson as administrator of the estate of Thomas Wilson, against Esau Johnson, to recover the amount of a draft or order for the sum of two hundred dollars, drawn by Johnson upon one Lee in favor of the plaintiff’s intestate, which was not paid on presentation by the drawee. The defendant pleaded the general issue with a notice of set-off. At the first trial the plaintiff obtained a verdict, which was set aside by the court and a new trial granted. At the second trial the plaintiff offered in evidence letters of…
1Opinion of the CourtMiller, J.
This was an action of assumpsit brought by the defendant in error against the plaintiff in error, to recover the amount of an order, etc. The cause was twice tried on its merits on the general issue, with notice of set-off; and, to reverse the judgment rendered on the second verdict, this writ of error was sued out. •
The first error assigned is, “that the district court should have granted a new trial, because the verdict of the jury was contrary to law and evidence.” This court is not in possession of the facts sufficient to determine whether injustice has been done to the defendant by the…
2Cases cited2 opinions
- Langdon v. PotterMassachusetts Supreme Judicial Court · 1814
- Schlosser v. BrownSupreme Court of Pennsylvania · 1828
3Cited by5 opinions
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- Taylor v. Tigerton Lumber Co.Wisconsin Supreme Court · 1907
- Markowitz v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1937
- Bank of America NA v. The Estate of Richard P. NelsonCourt of Appeals of Wisconsin · 2025