Palmer v. Goldberg
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wood county: Chas. M. Webb, Circuit Judge. Action to recover damages for an alleged fraud. These are the facts material to the cause of action, as claimed: Plaintiff, by false representations made to him by defendants, was induced to take the worthless note of defendant Bain as good for $500 in payment for three horses ostensibly purchased of him by said Bain, but really for or in the interest of defendant Goldberg.
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Appeal from a judgment of the circuit court for Wood county: Chas. M. Webb, Circuit Judge. Action to recover damages for an alleged fraud. These are the facts material to the cause of action, as claimed: Plaintiff, by false representations made to him by defendants, was induced to take the worthless note of defendant Bain as good for $500 in payment for three horses ostensibly purchased of him by said Bain, but really for or in the interest of defendant Goldberg. The latter two confederated together to induce plaintiff to part with his property for such note. Precedent to the transaction,…
1Opinion of the Court
MaRshaíl, J.
For a first reason why the judgment is erroneous, it is contended that the action on the note is inconsistent with this one, and, therefore, the election to prosecute the former created a bar to the latter. • The first action was-in affirmance of the contract; this action is, likewise. It is to-recover damages caused by the execution of the alleged and found conspiracy to induce plaintiff to take a worthless $500-note in exchange for his horses.. We are referred to the test of consistency between two actions given in Barth v. Loeffelholtz, 108 Wis. 562, 84 N. W. 846, namely: “Can…
2Cases cited11 opinions
- Hart v. MoultonWisconsin Supreme Court · 1899
- Standard Manufacturing Co. v. SlotWisconsin Supreme Court · 1904
- Kaiser v. NummerdorWisconsin Supreme Court · 1904
- Krause v. BusackerWisconsin Supreme Court · 1900
- Beetle v. AndersonWisconsin Supreme Court · 1897
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
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- Jacobsen v. WhitelyWisconsin Supreme Court · 1909
- Stevenson v. BarwineckWisconsin Supreme Court · 1959
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