Wilson v. Runkel
Wisconsin Supreme Court
APPEAL from the Circuit Court for Juneau County. Action against William Runkel and George Runkel, on a note made by them January 23,1866, under their firm name of Wrr. Runkel & Co., by which they promised to pay plaintiff or order $500 on the 1st of December, 1866, with interest at seven per cent, from the first of March of that year.
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APPEAL from the Circuit Court for Juneau County. Action against William Runkel and George Runkel, on a note made by them January 23,1866, under their firm name of Wrr. Runkel & Co., by which they promised to pay plaintiff or order $500 on the 1st of December, 1866, with interest at seven per cent, from the first of March of that year. The action was commenced in December 1872, and the amount claimed to be due and unpaid was the full face of .the note and interest from March 1,1866. The defendants, by thei.r answer, claimed to offset a balance due them from the plaintiff on account, amounting…
1Opinion of the CourtRyan, C. J.
It is not material to our view of this case to criticise the order of reference or to determine the precise power of the referee under it. Eor with whatever authority he formed his opinion of the case, we quite agree with it.
We do not think that there was evidence to sustain either of the two items suspiciously added to the respondents’ account, after the demurrer had been sustained to their first answer; apparently to take the account out of the statute of limitations. As to the first of them in date, the Jones order, it was confessedly a transaction between the appellant and Runkel &…
2Cases cited2 opinions
- Martin v. BeckwithWisconsin Supreme Court · 1856
- Marsh v. CaseWisconsin Supreme Court · 1872
3Cited by4 opinions
- Continental National Bank of Chicago v. McGeochWisconsin Supreme Court · 1896
- Case v. FishWisconsin Supreme Court · 1883
- Klauber v. WrightWisconsin Supreme Court · 1881
- Ripley v. Sage Land & Improvement Co.Wisconsin Supreme Court · 1909