Lusk v. Smith
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Action commenced in a justice’s court, November 16th, 1864, for $45.09, balance of account. Answer, that defendant had paid $40, July 4, 1863, not credited in plaintiff’s bill. The justice, in December following, rendered a judgment in plaintiff’s favor for the whole amount claimed; and defendant appealed.
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APPEAL from the Circuit Court for Dane County. Action commenced in a justice’s court, November 16th, 1864, for $45.09, balance of account. Answer, that defendant had paid $40, July 4, 1863, not credited in plaintiff’s bill. The justice, in December following, rendered a judgment in plaintiff’s favor for the whole amount claimed; and defendant appealed. On the 21st of March, 1865, plaintiff offered, in writing, to allow judgment to be taken against him in the circuit court for $5.09, with interest from November 16, 1864, and costs. The trial in the circuit court was had in December, 1865; and…
1Opinion of the CourtCole, J.
In view of the facts disclosed in the evidence in this case, we think the court below erred in directing the jury, as a matter of right, to allow the plaintiff interest upon the $5.09, from the 21st of December, 1863. The suit was brought to recover the balance due on an account for lumber sold at various times. It appears there was a dispute between the parties as to the just amount due on the account. They made an effort to settle on the 21st of December, 1863, or about that time, when the plaintiff claimed that there was $45.09 still due on the account, and the defendant insisted that…
2Cases cited1 opinion
- Wood v. Hickok & HamiltonNew York Supreme Court · 1829
3Cited by2 opinions
- Marsh v. FraserWisconsin Supreme Court · 1875
- Rippetoe v. DwyerTexas Supreme Court · 1886