Walker v. Ebert
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lac County. Action on a promissory note, by a bolder, who claims to have purchased it for full value, before maturity.
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APPEAL from the Circuit Court for Fond du Lac County. Action on a promissory note, by a bolder, who claims to have purchased it for full value, before maturity. The answer alleges that the defendant is a German by birth and education, and unable to read and write the English language; that on the day of the date of the supposed note, the payees thereof, by their duly authorized agent, falsely and fraudulently represented to him, with intent to swindle, cheat and defraud him, that they would appoint him sole agent for his town of a certain patented machine, for ten years, and would deliver to…
1Opinion of the Court
Dixoít, C. J.
Tbe defendant, having properly alleged the same facts in his answer, offered evidence and proposed to prove by himself as a witness on the stand, that at the time he signed the supposed note in suit, he was unable to read or write the English language; that when he signed the same, it was represented to him as, and he'believed it was, a certain contract of an entirely different character, which contract he also offered to produce in evidence; that the contract offered to be produced was a contract appointing him, defendant, agent to sell a certain patent right, and no other or…
2Cases cited8 opinions
- People ex rel. Detroit & Howell Railroad v. Township BoardMichigan Supreme Court · 1870
- Putnam v. SullivanMassachusetts Supreme Judicial Court · 1808
- Burson v. HuntingtonMichigan Supreme Court · 1870
- Eyerts v. AgnesWisconsin Supreme Court · 1856
- Taylor v. AtchisonIllinois Supreme Court · 1870
3 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
- McCormack v. MolburgSupreme Court of Iowa · 1876
- Trambly v. RicardMassachusetts Supreme Judicial Court · 1881
- Nebeker v. CutsingerIndiana Supreme Court · 1874
- Hubenthal v. Spokane & Inland Railway Co.Washington Supreme Court · 1906
37 more not listed; retrieve them via the Exa API.