Williams v. Phelps
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. Action commenced in justices court for the recovery of a span of horses, unjustly taken and detained by the defendant, of the value of $100. Defense, a general denial, and that on the 3d day .of September, 1861, James Duran gave to Bull & Phelps, of wbicb firm the defendant was a member, notes signed by bimself and one Albert Williams, payable at different periods thereafter, for the aggregate sum of $500, and that said Duran…
Read the full summary
APPEAL from the Circuit Court for Dodge County. Action commenced in justices court for the recovery of a span of horses, unjustly taken and detained by the defendant, of the value of $100. Defense, a general denial, and that on the 3d day .of September, 1861, James Duran gave to Bull & Phelps, of wbicb firm the defendant was a member, notes signed by bimself and one Albert Williams, payable at different periods thereafter, for the aggregate sum of $500, and that said Duran was then the owner and bad possession of the borses mentioned in the complaint, and that be then gave said firm a chattel…
1Opinion of the Court
By the Court,
Paine, J.
The evidence fully sustains the finding of the circuit judge, that the defendant “accepted the machine in full satisfaction of his claim.”
The counsel for the appellant urged that as the machine was not found in as good condition as represented, that was a good reason for the defendant’s refusing to take it in satisfaction of the debt as he had agreed, but that he might still take it by virtue of his chattel mortgage. However this might be, the proof shows that he did take it under the agreement, thereby affirming it after he had an opportunity to test the truth of the…
2Cases cited1 opinion
- Graves v. SittigWisconsin Supreme Court · 1856
3Cited by9 opinions
- Martens v. ReillyWisconsin Supreme Court · 1901
- The Selmer Company v. Blakeslee-Midwest Company, Westinghouse Electric Corporation, and Federal Insurance CompanyCourt of Appeals for the Seventh Circuit · 1983
- Smith v. BunnSupreme Court of Missouri · 1882
- Chesnut v. SalesMontana Supreme Court · 1914
- Pickles v. AntonNorth Dakota Supreme Court · 1922
4 more not listed; retrieve them via the Exa API.