Paulus v. O'Neill
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Clark county: E. W. Helms, Judge. John Paulus during Ms life held a note of $1,000 against Lemont E. Brown. Paulus died December 11, 1902. Shortly after Ms death his widow, Rilen Paulus, had possession of the note, and surrendered it to Brown for a new note of $900 executed by Brown and payable to her. On the 13th day of October, 1903, Brown' paid $350 on this $900 note. On November 19, 1903, Brown died.
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Appeal from a judgment of the circuit court for Clark county: E. W. Helms, Judge. John Paulus during Ms life held a note of $1,000 against Lemont E. Brown. Paulus died December 11, 1902. Shortly after Ms death his widow, Rilen Paulus, had possession of the note, and surrendered it to Brown for a new note of $900 executed by Brown and payable to her. On the 13th day of October, 1903, Brown' paid $350 on this $900 note. On November 19, 1903, Brown died. The $1,000 note was filed against Brown’s estate by the administrator of the Paulus estate.' The executor of Brown’s estate, James O'Neill,…
1DissentTimlin, J.
I cannot agree that the judgment of the circuit court should be reversed. The counsel for de*73fendant in tlie court below requested a special verdict. The special verdict set out in the majority opinion was handed up to the trial court presumably by the party requesting it. There was no suggestion that any other or additional question of fact should be submitted to the jury. There was no objection to the verdict as submitted. After the jury returned the special verdict the defendant’s counsel moved the trial court for judgment on said verdict in favor of the defendant and against the plaintiff…
2Cases cited34 opinions
- Mauch v. City of HartfordWisconsin Supreme Court · 1901
- Wight v. RindshopfWisconsin Supreme Court · 1877
- Pier v. City of Fond du LacWisconsin Supreme Court · 1875
- Baker v. City of MadisonWisconsin Supreme Court · 1885
- Hutchinson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877
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