Schumacher v. Seeger
Wisconsin Supreme Court
APPEAL from the County Court of Miboaulcae County. Action to recover the amount of a debt alleged to have been owing by the defendant to one Herman Wussow and to have been by him assigned to the plaintiff. The answer admits the original debt but alleges “ that there was to be deducted therefrom the sum of $18 hereinafter mentioned.”
Read the full summary
APPEAL from the County Court of Miboaulcae County. Action to recover the amount of a debt alleged to have been owing by the defendant to one Herman Wussow and to have been by him assigned to the plaintiff. The answer admits the original debt but alleges “ that there was to be deducted therefrom the sum of $18 hereinafter mentioned.” It also denies the assignment to the plaintiff; alleges that such assignment, if made, was color-able only; and alleges that as garnishee of Wussow the defendant had been compelled to pay the full amount of the indebtedness to a creditor of Wussow, and that…
1Opinion of the CourtCole, C. J.
The defendant’s counsel admit that the matters set up in the answer as counterclaims are not properly pleadable as such; but their contention is that though these matters are pleaded as a “ defense, and by way of counterclaim,” still they are available as a setoff to the plaintiff’s cause of action, therefore the demurrer to them was properly overruled. We think this view is correct. These were proper matters of setoff. About this there can be no doubt. *396The first claim is that the defendant, in June, 1883, loaned to Wussow (the plaintiff’s assignor) $11, which Wussow agreed to return on…
2Cited by3 opinions
- Computing Scale Co. v. ChurchillWisconsin Supreme Court · 1901
- West Allis Lumber Co. v. WiesenthalWisconsin Supreme Court · 1910
- Thien v. BrandWisconsin Supreme Court · 1910