Messenger v. Broom
Wisconsin Supreme Court
ERROR to the District Court for Milwaukee County. Assumpsit brought by Broom against Messenger on two promissory notes. Plea of non-assumpsit and set-off.
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ERROR to the District Court for Milwaukee County. Assumpsit brought by Broom against Messenger on two promissory notes. Plea of non-assumpsit and set-off. By consent an order was entered referring the case to three referees, who filed their report June 27, 1845, in favor of the plaintiff for $255.12. July 2, 1845, the report was confirmed and judgment for the amount reported was rendered in favor of the plaintiff; the defendant objecting thereto, in general terms, without assigning particular reasons. The report was not authenticated and proved by a subscribing witness, etc., as required by…
1Opinion of the CourtDunn, C. J.
The defendant in error, Broom, brought his action of assumpsit against Messenger, the plaintiff in error, in the district court of Milwaukee county, at the June term, 1844. At the same term the defendant in the action filed his plea of non-assumpsit with notice of set-off; issue was taken thereon and the cause continued to November term, 1844, and then continued to June term, 1845. At said term the case was, by consent of parties, referred to referees, and the referees reported to the court thereon at the same time. The report was accepted, and judgment entered in favor of Broom for the…
2Cases cited8 opinions
- Green v. PatchinNew York Supreme Court · 1835
- Camp v. RootNew York Supreme Court · 1820
- Harris v. BradshawNew York Supreme Court · 1820
- Powers v. LockwoodNew York Supreme Court · 1812
- Lee v. CurtissNew York Supreme Court · 1819
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3Cited by1 opinion
- Knips v. StefanWisconsin Supreme Court · 1880