Leiser v. Kieckhefer
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: I). H. JohNsoN, Circuit Judge. The plaintiff made his promissory note for $1,500 to the ■defendant, who sold it to one Schram. The note was not paid at maturity, and, for the purpose of procuring an extension of time, the parties made their joint and several note, for the same sum, to Schram.
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Appeal from a judgment of tbe circuit court for Milwaukee county: I). H. JohNsoN, Circuit Judge. The plaintiff made his promissory note for $1,500 to the ■defendant, who sold it to one Schram. The note was not paid at maturity, and, for the purpose of procuring an extension of time, the parties made their joint and several note, for the same sum, to Schram. The plaintiff paid this latter note to Schram, and brings this action to recover from the •defendant the sum which he paid to Schram. His claim is that the original note was given by him to the defendant without consideration, and for the…
1Opinion of the Court
NewmáN, J.
The only question dispussed upon the hearing was whether this was a proper case for the direction of a verdict. The settled rule is that, to justify the direction of a verdict on a question of fact, the evidence must be clear and imcontradicted, and all one way. The court must look at the facts in evidence in the most favorable light for the other party in which the jury would be at liberty to find them, and then be able to say that there is no evidence which would justify a verdict in his favor. If there is some testimony fairly tending to support the opposite contention, it is a…
2Cases cited5 opinions
- Spensley v. Lancashire InsuranceWisconsin Supreme Court · 1882
- Lawrence University v. SmithWisconsin Supreme Court · 1873
- O'Brien v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1896
- Jackson v. Town of JacksonportWisconsin Supreme Court · 1882
- Calder v. CrowleyWisconsin Supreme Court · 1889
3Cited by3 opinions
- Lewis v. PrienWisconsin Supreme Court · 1897
- Gessner v. RoemingWisconsin Supreme Court · 1908
- Wilson v. Chippewa Valley Electric RailroadWisconsin Supreme Court · 1908