Russell & Co. v. Loomis
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. Action, commenced in a justice’s court, upon a promissory note given by the defendant to the plaintiffs for a “ combined mower and reaper.” Plaintiffs obtained a judgment in the justice’s court for the full amount of tbe note. The cause was taken by appeal to tbe circuit court, where the jury found in general terms “ for the defendant.”
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APPEAL from the Circuit Court for Grant County. Action, commenced in a justice’s court, upon a promissory note given by the defendant to the plaintiffs for a “ combined mower and reaper.” Plaintiffs obtained a judgment in the justice’s court for the full amount of tbe note. The cause was taken by appeal to tbe circuit court, where the jury found in general terms “ for the defendant.” A motion by the plaintiffs for a new trial, on the ground of newly discovered evidence, and also on the ground that the verdict was contrary to law and the evidence, was denied; and plaintiffs appealed from a…
1Opinion of the CourtCole, J.
The first error assigned in this case relates to the charge of the court. Before proceeding, however, to consider the charge, it is proper to remark that the cause seems to have been tried on the theory that there was a rescission of the contract. It is true, no such defense is set up or relied on in the answer. The pleadings before the justice were oral, and the cause was tried in the circuit court without any further pleadings being filed. The plaintiff declared upon the note. The defendant answered, admitting the making of the note, but pleaded a failure of consideration, a special…
2Cases cited1 opinion
- Flanders v. CottrellWisconsin Supreme Court · 1875
3Cited by5 opinions
- McKinney v. JonesWisconsin Supreme Court · 1882
- Kruschke v. StefanWisconsin Supreme Court · 1892
- Hopkins v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1906
- Clark v. SlaughterWisconsin Supreme Court · 1906
- Newhall-House Stock Co. v. Flint & Pere Marquette Railway Co.Wisconsin Supreme Court · 1879