Orton v. Noonan
Wisconsin Supreme Court
APPEAL from the County Court for Milwaukee County. This action was brought in 1865, to recover the rents due from November, 1852, to January 8, 1865, for water furnished the defendants from plaintiff’s water-power, under a lease or contract executed January 8, 1851, between the defendants and the plaintiff’s assignors.
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APPEAL from the County Court for Milwaukee County. This action was brought in 1865, to recover the rents due from November, 1852, to January 8, 1865, for water furnished the defendants from plaintiff’s water-power, under a lease or contract executed January 8, 1851, between the defendants and the plaintiff’s assignors. This lease was for the term of four years, but contained a provision for an extension for the term of ninety-nine years, in case the lessees should signify their wish to have it so extended ; also covenants on the part of the lessors to raise and keep in repair their dam from…
1Opinion of the CourtDixoN, C. J.
The sole question on this appeal is, whether, in an action on a lease by the landlord to recover rent, the defendants, the lessees, should, by supplemental answer, be permitted to bring into the action and set up by way of counterclaim or set-off to the rents due, or claimed to be when the action was commenced, damages claimed to have been sustained by them by reason of certain alleged breaches of the covenants of the lease on the part of the plaintiff, accruing after the commencement of the action, and before the supplemental answer was filed. It is insisted that this is a valid counterclaim…
2Cases cited5 opinions
- Candler v. PettitNew York Court of Chancery · 1828
- Milner v. MilnerNew York Court of Chancery · 1833
- City of Davenport v. MitchellSupreme Court of Iowa · 1863
- Penman v. . SlocumNew York Court of Appeals · 1869
- Noonan v. OrtonWisconsin Supreme Court · 1867
3Cited by14 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Wisconsin Bankers Ass'n v. Mutual Savings & Loan Ass'nWisconsin Supreme Court · 1980
- Richardson v. StuesserWisconsin Supreme Court · 1905
- McKennon v. McKennonSupreme Court of Oklahoma · 1900
- Turner v. PierceWisconsin Supreme Court · 1872
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