Noonan v. Ilsley
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. In March, 1856, plaintiff sold to defendant four lots in the city of Milwaukee, for $1000 in money, and ten shares of stock in the Milwaukee and Watertown railroad, of the nominal value of $100 each; and gave bim a warranty deed with full covenants. Defendant paid the money, and certificates for seven shares of stock, and gave the following due bill for the remaining three shares : “ Due to JosiahA.
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APPEAL from the Circuit Court for Dane County. In March, 1856, plaintiff sold to defendant four lots in the city of Milwaukee, for $1000 in money, and ten shares of stock in the Milwaukee and Watertown railroad, of the nominal value of $100 each; and gave bim a warranty deed with full covenants. Defendant paid the money, and certificates for seven shares of stock, and gave the following due bill for the remaining three shares : “ Due to JosiahA. Noonan, three hundred dollars in Watertown Railroad Stock. Milwaukee, March 22, 1856. Charles E. Ilsley.” The plaintiff in this action (which was…
1Opinion of the CourtDowner, J.
The appellant maintains that the circuit court erred in receiving the due bill in evidence, because the complaint alleged no promise on the part of the defendant. The due bill was set out verbatim, in the complaint, and that contains a promise either express or implied. We see no defect in the complaint.
2. The refusal of the court below to grant a nonsuit (for the reasons, first, that when the plaintiff rested it was admitted by the pleadings that the plaintiff was indebted to the defendant on the covenant of seizin more than the amount demanded by the complaint; and, second, that more than…
2Cases cited7 opinions
- Marston v. HobbsMassachusetts Supreme Judicial Court · 1807
- Staats v. Executors of Ten EyckNew York Supreme Court · 1805
- Tanner v. LivingstonNew York Supreme Court · 1834
- Caulkins v. HarrisNew York Supreme Court · 1812
- Garfield v. WilliamsSupreme Court of Vermont · 1828
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- McLennan v. PrenticeWisconsin Supreme Court · 1893
- Ott v. BoringWisconsin Supreme Court · 1907
- Ayres v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Mecklem v. BlakeWisconsin Supreme Court · 1868
- Kickland v. Menasha Wooden Ware Co.Wisconsin Supreme Court · 1887
8 more not listed; retrieve them via the Exa API.