Leitner v. Thayer
Wyoming Supreme Court
Error to District Court, Big Horn County; Carroll H. ParmeleE, Judge. Action by Frank'A. Eeitner and others, co-partners doing business under the name and style of Eeitner Bros., against William Thayer and another to recover upon notes given in the purchase of a stallion. Judgment for defendants and plaintiffs bring error. The facts are stated in the opinion.
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Error to District Court, Big Horn County; Carroll H. ParmeleE, Judge. Action by Frank'A. Eeitner and others, co-partners doing business under the name and style of Eeitner Bros., against William Thayer and another to recover upon notes given in the purchase of a stallion. Judgment for defendants and plaintiffs bring error. The facts are stated in the opinion. The court erred in refusing plaintiff’s offer to prove that counsel for defendant's agreed to produce the original bill of sale; whether a bill of sale had been given at the time of the purchase being an important issue in the case, the…
1Opinion of the Court
Beard, Justice.
This is an action, on three promissory notes executed by the defendants in error. The petition is in the usual form in three counts. The defendants answered, in the first count of their answer, admitted the execution of the notes, and alleged that the notes were obtained by fraud and misrepresentation and were wholly without consideration, as would fully appear in the affirmative defenses thereinafter set forth. In the second count of their answer they alleged, in substance and so far as material here, that the notes were given as part consideration for the purchase price of a…
2Cases cited12 opinions
- Park v. Richardson & Boynton Co.Wisconsin Supreme Court · 1892
- Denver Horse Importing Co. v. SchaferSupreme Court of Colorado · 1914
- James H. Love & Co. v. RossSupreme Court of Iowa · 1893
- Mandel v. ButtlesSupreme Court of Minnesota · 1875
- Fitzpatrick v. D. M. Osborne & Co.Supreme Court of Minnesota · 1892
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