Legal Opinion

Birdsey v. Butterfield

Wisconsin Supreme Court

Decided January 15, 1874PublishedCited by 15 opinions

APPEAR from tbe Circuit Court for Columbia County. Action for an unpaid balance of $264.88, upon a promissory note of defendant, given for part of tbe purchase price of certain cattle sold to him by plaintiff and one Ingalsbe. Defendant, by bis answer, sought to recoup damages which he claims to have sustained by reason of false and deceptive representations of plaintiff and Ingalsbe as to the weight of the cattle.

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APPEAR from tbe Circuit Court for Columbia County. Action for an unpaid balance of $264.88, upon a promissory note of defendant, given for part of tbe purchase price of certain cattle sold to him by plaintiff and one Ingalsbe. Defendant, by bis answer, sought to recoup damages which he claims to have sustained by reason of false and deceptive representations of plaintiff and Ingalsbe as to the weight of the cattle. On the trial, the defendant testified in his own behalf that the note was given in part payment for fifty-seven head of cattle,purchased by him of plaintiff and Ingalsbe, and was…

1Opinion of the Court

The following opinion was filed at the June term, 1873.

Cole, J.

A considerable portion of the brief filed on the part of the plaintiff is devoted to a discussion of questions of fact arising upon the testimony — matters which are not open for examination and review in this court. We cannot, of course,reverse the judgment because our view of the weight of evidence may differ from that taken of it by the jury, or because we might have reached a different conclusion from what the jury did. The only question upon this branch of the case is, whether the jury was warranted in drawing the inference…

2Cases cited1 opinion

  1. Beard v. DedolphWisconsin Supreme Court · 1871

3Cited by15 opinions

  1. Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
  2. Shaw v. GilbertWisconsin Supreme Court · 1901
  3. Warner v. BenjaminWisconsin Supreme Court · 1895
  4. Kaiser v. NummerdorWisconsin Supreme Court · 1904
  5. Madison Trust Co. v. HellecksonWisconsin Supreme Court · 1934

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