Legal Opinion

Borngesser v. Harrison

Wisconsin Supreme Court

Decided June 15, 1860PublishedCited by 11 opinions

APPEAL from the Circuit Court for Milwaukee County. Borngesser sued Harrison in March, 1860, before a justice of. the peace in the city of Milwaukee, upon an account fox $47 36. The answer was a general denial, a set-off amounting to $100, and the following: “The defendant, for a further answer, says, that on the 23d day of February, 1859, the plaintiff recovered a judgment against him for $100 damages, besides costs, in a suit then pending before one Bode, a justice of the…

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APPEAL from the Circuit Court for Milwaukee County. Borngesser sued Harrison in March, 1860, before a justice of. the peace in the city of Milwaukee, upon an account fox $47 36. The answer was a general denial, a set-off amounting to $100, and the following: “The defendant, for a further answer, says, that on the 23d day of February, 1859, the plaintiff recovered a judgment against him for $100 damages, besides costs, in a suit then pending before one Bode, a justice of the peace of the county of Milwaukee, in which said Born-gesser was the plaintiff, and said Harrison defendant; that the…

1Opinion of the Court

By the Court,

Paine, J.

This was an action on an account for meat delivered on the defendant’s vessel. The defense was, ■ that an action had previously been brought by the plaintiff against ’the defendant upon the same account of which these items formed a part, and a judgment recovered, which, it was claimed, barred this suit, though these items were not claimed in the other suit. The court below charged the jury that if they found such to have been the fact, this suit was barred. We think the instruction was correct The law was so held in Guernsey vs. Carver, 8 Wend., 492, and we think has…

2Cases cited2 opinions

  1. Bendernagle v. CocksNew York Supreme Court · 1838
  2. Guernsey v. CarverNew York Supreme Court · 1832

3Cited by11 opinions

  1. Kaehler v. DobberpuhlWisconsin Supreme Court · 1884
  2. Lewers & Cooke, Ltd. v. RedhouseHawaii Supreme Court · 1902
  3. Stickel v. SteelMichigan Supreme Court · 1879
  4. Paladini v. Municipal Markets Co.California Supreme Court · 1921
  5. Lindsay v. StewartCalifornia Supreme Court · 1887

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