Twohy Mercantile Co. v. Estate of McDonald
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Douglas county: A. J. Yifje, Circuit Judge. Claim of plaintiff against McDonald’s estate for a balance of account, §661.52 and interest, for groceries, etc., furnished by the plaintiff to the deceased and H. ~W. Moore as copart-ners prior to April 1,1893, to which the defense was the six-year statute of limitations and payment. No proof of the former was offered.
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Appeal from a judgment of tbe circuit court for Douglas county: A. J. Yifje, Circuit Judge. Claim of plaintiff against McDonald’s estate for a balance of account, §661.52 and interest, for groceries, etc., furnished by the plaintiff to the deceased and H. ~W. Moore as copart-ners prior to April 1,1893, to which the defense was the six-year statute of limitations and payment. No proof of the former was offered. Upon appeal from decision of the county court, trial was had in the circuit court with a jury, whereon was offered in evidence a receipt by the plaintiff, which was found amongst the…
1Opinion of the CourtDodge, J.
1. The court below obviously erred in taking the case from the jury by directing a verdict for the plaintiff. The written receipt, at its least effect, was a clear, definite, and solemn admission by its maker that the amount of the debt had been paid. While it is undoubted law that a mere receipt is possible of explanation, or even of denial, by parol, it yet stands as a declaration against interest most unlikely to be made unless true, and not to be lightly brushed aside. 2 Jones, Ev. § 503; Fuller v. Crittenden, 9 Conn. 401. It stood so in this case, and, although several witnesses…
2Cases cited10 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. ClarkSupreme Court of the United States · 1900
- In re Will of BruendlWisconsin Supreme Court · 1899
- Catlin v. WheelerWisconsin Supreme Court · 1880
- Lewis v. PrienWisconsin Supreme Court · 1897
- Conant v. Estate of KimballWisconsin Supreme Court · 1897
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Danielson v. Bank of ScandinaviaWisconsin Supreme Court · 1930
- Jost v. WolfWisconsin Supreme Court · 1906
- Illinois Steel Co. v. PaczochaWisconsin Supreme Court · 1909
- Dilger v. Estate of McQuadeWisconsin Supreme Court · 1914
- Seeger v. Manitowoc Steam Boiler WorksWisconsin Supreme Court · 1903
3 more not listed; retrieve them via the Exa API.