Young v. Tibbitts
Wisconsin Supreme Court
APPEAL from the Circuit Court for MikvauJcee County.' Action upon a promissory note. The complaint alleged that the defendants Tibbitts and Dowe were partners in business in Milwaukee, under the firm name of Dówe & Tibbitts, and executed the note in suit to Young, in their said firm name, on the 6th of February, 1865. The answer of Tibbitts denied the existence of the partnership at the date of executing the note, and alleged that it had been dissolved by mutual consent of…
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APPEAL from the Circuit Court for MikvauJcee County.' Action upon a promissory note. The complaint alleged that the defendants Tibbitts and Dowe were partners in business in Milwaukee, under the firm name of Dówe & Tibbitts, and executed the note in suit to Young, in their said firm name, on the 6th of February, 1865. The answer of Tibbitts denied the existence of the partnership at the date of executing the note, and alleged that it had been dissolved by mutual consent of the parties prior to November 1, 1864, of which dissolution plaintiff had notice at the time he received the note. The…
1Opinion of the CourtDixon, C. J.
Whether tbe first request to charge made by counsel for the defendant Tibbitts was correct or not, or should have been granted, we are relieved from deciding, since there was another, tbe refusal of which was, in our judgment, clearly erroneous, and must result in a new trial. The general rule of law, and its qualifications, applicable where unimpeached witnesses testify distinctly and positively to a fact and are uncon-tradicted, is thus stated by the court of appeals in Elwood v. The Western Onion Telegraph Co., 45 N. Y., 553: “It is undoubtedly the general rule, that where unimpeached…
2Cases cited1 opinion
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
3Cited by13 opinions
- Bush & Hattaway v. McCarty Co.Supreme Court of Georgia · 1907
- Continental National Bank of Chicago v. McGeochWisconsin Supreme Court · 1896
- Gilchrist v. BrandeWisconsin Supreme Court · 1883
- Benjamin v. CovertWisconsin Supreme Court · 1879
- Homberger v. AlexanderUtah Supreme Court · 1895
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