Torrey v. Nixon
Wisconsin Supreme Court
APPEAL from tbe Circuit Court lor Kenosha County. Action to recover the rent of a farm alleged to bave been leased to defendant by plaintiffs, as executors of the last will and testament of Ceorge Derbyshire, deceased. It appeared on the trial that plaintiffs leased the farm, by parol, either to the defendant or to one Paddock. The principal question litigated on the trial was, whether defendant or Paddock was the lessee; and on that question the testimony is conflicting.
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APPEAL from tbe Circuit Court lor Kenosha County. Action to recover the rent of a farm alleged to bave been leased to defendant by plaintiffs, as executors of the last will and testament of Ceorge Derbyshire, deceased. It appeared on the trial that plaintiffs leased the farm, by parol, either to the defendant or to one Paddock. The principal question litigated on the trial was, whether defendant or Paddock was the lessee; and on that question the testimony is conflicting. Paddock occupied the farm during the term.of the lease. The plaintiff Torrey was examined before the county judge, at the…
1Opinion of the CourtLyon, J.
Due proof having been made of the loss of the lease which the plaintiff Torrey procured to be drawn, and which he and Paddock signed, and the plaintiffs having failed to produce it on notice, we cannot doubt that the defendant should have been permitted to prove its contents. Torrey testified that the plaintiffs leased the farm to the defendant, and not to Paddock; and it is manifest that if the instrument was what the defendant claimed and offered to prove it to he, it would go far to impeach the accuracy of Torrey’s testimony, and to sustain that of the defendant, who testified that the…
2Cases cited3 opinions
- Hazleton v. Union Bank of ColumbusWisconsin Supreme Court · 1873
- Sorenson v. DundasWisconsin Supreme Court · 1877
- Finch v. PhillipsWisconsin Supreme Court · 1877