Missinskie v. McMurdo
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Outagamie •county: JohN GoodlaND, Circuit Judge. One Frank Missinskie, being considerably indebted, and especially indebted upon a judgment for damages in favor •of one Sbay, transferred to his brother, the plaintiff, a well •driller, thresher, and an engine used for running the same, by written bill of sale, on November 24,1894, remaining in practical control and operation thereof as agent for Phillip, ns is now claimed.
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Appeal from a judgment of tbe circuit court for Outagamie •county: JohN GoodlaND, Circuit Judge. One Frank Missinskie, being considerably indebted, and especially indebted upon a judgment for damages in favor •of one Sbay, transferred to his brother, the plaintiff, a well •driller, thresher, and an engine used for running the same, by written bill of sale, on November 24,1894, remaining in practical control and operation thereof as agent for Phillip, ns is now claimed. The consideration testified to by plaintiff and Frank was the satisfaction of an existing indebtedness of $450 owing…
1Opinion of the CourtDodge, J.
The first error assigned is the refusal of the trial court to submit questions requested bythe defendant *581as to whether or not Frank was indebted to the plaintiff at the time of the bill of sale in the sum of $450, and also whether or not $600 was paid at the time of the execution of the bill of sale. The court failed to submit to the jury in any way the question whether any consideration passed between the parties to that transfer! We are satisfied that error was thus committed. Without deciding whether the exact questions requested by the defendant ought to have been answered, it is obvious…
2Cases cited10 opinions
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