Matteson v. Ellsworth
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lac County. The complaint, as originally filed, alleged that on or about the 3d of June, 1867, defendant was indebted to plaintiff for money had and received from her, in the sum of $200, with the further sum of $100 for interest then due plaintiff from defendant on account of money theretofore loaned defendant by plaintiff; that on the same day defendant executed and delivered to plaintiff his promissory note for $300, payable to…
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APPEAL from the Circuit Court for Fond du Lac County. The complaint, as originally filed, alleged that on or about the 3d of June, 1867, defendant was indebted to plaintiff for money had and received from her, in the sum of $200, with the further sum of $100 for interest then due plaintiff from defendant on account of money theretofore loaned defendant by plaintiff; that on the same day defendant executed and delivered to plaintiff his promissory note for $300, payable to plaintiff or her order, one year from date, with interest, etc. ; that no part of such indebtedness has been paid, except…
1Opinion of the Court
The following opinion was filed at the June term, 1872.
Oole, J.
The counsel for the defendant insists that the circuit court erred in allowing three new and distinct causes of action to be inserted in the complaint as an amendment of- the same, on the trial. But this amendment amounted to nothing more than stating the original consideration of the note sued on. It was what would have been termed, under the former system of pleading, adding the common counts to the special count. It was doubtless competent for the court to allow the amendment, and it could not possibly have prejudiced the…
2Cases cited19 opinions
- Olcott v. RathboneNew York Supreme Court · 1830
- Blade v. NolandNew York Supreme Court · 1834
- Waring v. SmythNew York Court of Chancery · 1847
- Clute v. SmallNew York Supreme Court · 1837
- Burdick v. GreenNew York Supreme Court · 1818
14 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Otto v. Halff & Bro.Texas Supreme Court · 1896
- Haas v. ShawIndiana Supreme Court · 1883
- Kelley v. McFaddenIndiana Supreme Court · 1881
- Savage v. SavageOregon Supreme Court · 1899
- Clough v. SeaySupreme Court of Iowa · 1878
19 more not listed; retrieve them via the Exa API.