Hawley v. Harran
Wisconsin Supreme Court
APPEAL from the Circuit Court for Brown County. The case is fully stated in the opinion. They argued that evidence should have been admitted to show fraud or mistake in the account stated. BerMns v. Hart, 11 Wheat. 237; Loalmood v. Thorne, 18 N. T. 285; Champion v. Jos-lyn, 44 id. G53; 2 Greenleaf s Ev. sec. 128; Bouslog v. Garrett, 39 Ind. 338. The amendment to surcharge the account should have been allowed.
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APPEAL from the Circuit Court for Brown County. The case is fully stated in the opinion. They argued that evidence should have been admitted to show fraud or mistake in the account stated. BerMns v. Hart, 11 Wheat. 237; Loalmood v. Thorne, 18 N. T. 285; Champion v. Jos-lyn, 44 id. G53; 2 Greenleaf s Ev. sec. 128; Bouslog v. Garrett, 39 Ind. 338. The amendment to surcharge the account should have been allowed. It could not have surprised the plaintiff, the evidence being in his possession in court. Ilodge v. Sawyer, 34 Wis. 397; Miller v. Spalding, 41 id. 221; BootKby v. Scales, 27 id. 626.
1Opinion of the CourtOrton, J.
The account filed before the justice, as the plaintiff’s cause of action, consisted of an item of $69.14 on account of the steamer Green Bay, 1886 and 1887, due September 1, 1887, and of a few items of freight charges on account of said steamer, in the following months of October and November, amounting in all to the sum of $37.65. The defendant answered by a general denial, payment, and a counterclaim for $150. The defendant recovered a judgment before the justice, and the plaintiff appealed to the circuit court, where the plaintiff recovered the whole amount of his claim, with interest, and…
2Cases cited6 opinions
- Martin v. BeckwithWisconsin Supreme Court · 1856
- Hill v. DurandWisconsin Supreme Court · 1883
- Eldred v. Oconto Co.Wisconsin Supreme Court · 1872
- Fogarty v. HorriganWisconsin Supreme Court · 1871
- Miller v. Chippewa CountyWisconsin Supreme Court · 1883
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3Cited by5 opinions
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- Dry Dock, E. B. & B. Railroad v. North & East River Railway Co.New York Court of Common Pleas · 1893
- George J. Meyer Manufacturing Co. v. Howard Brass & Copper Co.Wisconsin Supreme Court · 1945