Martin v. Beckwith
Wisconsin Supreme Court
ERROR TO DANE OIRODIT COURT. This was an action of assumpsit commenced by the Beck-withs against the Martins, before a justice of the peace of Bane county, to recover the sum of $92.70, on an account stated upon the settlement of an agreement in writing, by which the plaintiffs agreed to saw for the defendants, a quantity of lumber.
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ERROR TO DANE OIRODIT COURT. This was an action of assumpsit commenced by the Beck-withs against the Martins, before a justice of the peace of Bane county, to recover the sum of $92.70, on an account stated upon the settlement of an agreement in writing, by which the plaintiffs agreed to saw for the defendants, a quantity of lumber. On the trial before the justice, the plaintiffs offered the contract in evidence, together with an indorsement on the back, as follo-ws: “ Reckoned and settled up to this date, and found due the Beckwiths on this contract, ninety-two dollars and seventy-one cents.…
1Opinion of the Court
By the Court,
Cole, J.
Undoubtedly, the ground upon which the Circuit Court reversed the judgment of the justice was, that by his return, it appeared that all, or nearly all the testimony introduced before him, on the part of the Martins, related to a period prior to the settlement indorsed upon the contract. We think that the indorsement satisfactorily shows a settlement between the parties on the 23d of February, 1853:
“ Reckoned and settled up to this date, and found due Beck-withs on this contract, ninety-two dollars and seventy-one cents.”
That is the indorsement upon the contract, dated the…
2Cases cited2 opinions
- Leycraft v. DempseyCourt for the Trial of Impeachments and Correction of Errors · 1835
- Cogswell v. WhittleseySupreme Court of Connecticut · 1792
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- Continental National Bank of Chicago v. McGeochWisconsin Supreme Court · 1896
- Ripley v. Sage Land & Improvement Co.Wisconsin Supreme Court · 1909
- Case v. FishWisconsin Supreme Court · 1883
- Klauber v. WrightWisconsin Supreme Court · 1881
- Barr v. LakeMissouri Court of Appeals · 1910
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