Gates v. Raymond
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Clark county: A. J. Yinje, Judge. Action of replevin, the subject of which was a horse. Plaintiff claimed to have obtained the horse of defendant in a horse trade, which the latter claimed was a fraudulent and illegal transaction and insufficient to vest any title to the property in plaintiff.
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Appeal from a judgment of the circuit court for Clark county: A. J. Yinje, Judge. Action of replevin, the subject of which was a horse. Plaintiff claimed to have obtained the horse of defendant in a horse trade, which the latter claimed was a fraudulent and illegal transaction and insufficient to vest any title to the property in plaintiff. On the trial the court refused to allow defendant to prove his defense of fraud under a general denial, whereupon the answer, by permission of the court, was amended by alleging, in effect, that September 14, 1898, defendant was the owner of the property…
1Opinion of the Court
MáRshall, J.
The judgment appealed from must be reversed because the court excluded the evidence offered to prove that plaintiff by fraud induced defendant to agree to trade horses and was guilty of such action in carrying out his fraud ulent scheme that defendant was rendered incapable of restoring him to his former position as a condition of rescinding such agreement.
The trial court was guided by the general rule that a transaction consummated by fraud of one of.the parties •thereto, to the injury of the other, is not absolutely void, but is voidable upon condition of a restoration of the…
2Cases cited6 opinions
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- Hammond v. . PennockNew York Court of Appeals · 1874
- Guckenheimer v. . AngevineNew York Court of Appeals · 1880
- Gay v. OsborneWisconsin Supreme Court · 1899
- Friend Bros. Clothing Co. v. HulbertWisconsin Supreme Court · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ludington v. PattonWisconsin Supreme Court · 1901
- Clark v. WellsSupreme Court of Minnesota · 1914
- Fosila v. O'DonnellWisconsin Supreme Court · 1904
- Hall v. Bank of BaldwinWisconsin Supreme Court · 1910
- Proper v. ProperSupreme Court of Minnesota · 1931
3 more not listed; retrieve them via the Exa API.