Legal Opinion

Dorwin v. Hagerty

Wisconsin Supreme Court

Decided November 27, 1908PublishedCited by 4 opinions

Appeal from a judgment of the circuit court for Brown county: S. D. Hastings, Circuit Judge. This action is brought upon a nonnegotiable promissory note for $500, executed and delivered by the defendant to one W. H. Clawson, which note was assigned by said Clawson to one W. B. Allen, and was assigned by said Allen to the plaintiff. The alleged consideration for the note was the procuring of a purchaser by Clawson for a steamboat owned in part by the defendant.

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Appeal from a judgment of the circuit court for Brown county: S. D. Hastings, Circuit Judge. This action is brought upon a nonnegotiable promissory note for $500, executed and delivered by the defendant to one W. H. Clawson, which note was assigned by said Clawson to one W. B. Allen, and was assigned by said Allen to the plaintiff. The alleged consideration for the note was the procuring of a purchaser by Clawson for a steamboat owned in part by the defendant. The defenses interposed were: (1) That Clawson fraudulently represented that he had a purchaser who stood ready and willing to buy the…

1Opinion of the Court

Babees, T.

This is not a case wherein the trial court exercised its discretion to set aside the verdict of the jury and order a new trial because the verdict was against the preponderance of the testimony. As to one of the substantial questions in the case the trial judge stated in his opinion that it had been passed upon by three juries on substantially the same testimony and that each jury had found adversely to the contention of the plaintiff as to what the fact was. The plaintiff made no motion for a new trial and stated that none was desired. He insisted that he was entitled to have the…

2Cases cited5 opinions

  1. Wunderlich v. Palatine Fire InsuranceWisconsin Supreme Court · 1899
  2. Bading v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1900
  3. Clawson v. StateWisconsin Supreme Court · 1906
  4. Nicoud v. WagnerWisconsin Supreme Court · 1900
  5. Prahl v. Town of WaupacaWisconsin Supreme Court · 1901

3Cited by4 opinions

  1. Milwaukee Trust Co. v. City of MilwaukeeWisconsin Supreme Court · 1912
  2. Burns v. PlacheckiSupreme Court of Minnesota · 1974
  3. Pruss v. Iowa Department of RevenueSupreme Court of Iowa · 1983
  4. Loehr v. DicksonWisconsin Supreme Court · 1913

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