Legal Opinion

Blewett v. Gaynor

Wisconsin Supreme Court

Decided September 23, 1890PublishedCited by 3 opinions

APPEAL from the Circuit Court for Winnebago County. The following statement -of the case was prepared by Mr. Justice Tayloe as a part of the opinion: ' • This action was commenced originally by Edmxmd Blew-ett against James Gaynor to recover for the sum claimed to be due Blewett from said Gaynor upon a written contract signed by the said Blewett and Gaynor for cutting and putting in the river a large quantity of pine logs in the winters of 1883-1 and of 1884G5. After this…

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APPEAL from the Circuit Court for Winnebago County. The following statement -of the case was prepared by Mr. Justice Tayloe as a part of the opinion: ' • This action was commenced originally by Edmxmd Blew-ett against James Gaynor to recover for the sum claimed to be due Blewett from said Gaynor upon a written contract signed by the said Blewett and Gaynor for cutting and putting in the river a large quantity of pine logs in the winters of 1883-1 and of 1884G5. After this action was commenced the defendant claimed that the contract was in fact made by Blewett and Patrick Gaynor, a brother of…

1Opinion of the CourtTaylor, J.

Upon this appeal the learned counsel for the defendant insists that the court erred in setting aside the findings and judgment of the referee, and in finding in favor of the plaintiffs and rendering judgment in their favor. They also allege as error the refusal of the court to permit the defendant to give further evidence in support of his defense, after the court had set aside the findings and judgment of the referee.

In order to intelligently consider the justice of the judgment in this case, it is necessary first to understand what is admitted by the pleadings in the case. After a careful…

2Cases cited2 opinions

  1. Viles v. BangsWisconsin Supreme Court · 1874
  2. Cotzhausen v. JuddWisconsin Supreme Court · 1877

3Cited by3 opinions

  1. Remington v. Eastern Railway Co. of MinnesotaWisconsin Supreme Court · 1901
  2. Diener v. Heritage Mutual InsuranceWisconsin Supreme Court · 1967
  3. Bragg v. BlewettWisconsin Supreme Court · 1898

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