Endress v. Shove
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Door county: S. D. Hastings, Je., Circuit Judge. Action under sec. 3347, Stats. 1898, to realize on a pledge of two life insurance policies on the life of defendant Theodore C. Shove, which were assigned to plaintiff in 1886 as •collateral security for Mr. Shove’s note of $2,000. His wife and the insurance companies were joined with him as defendants.
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Appeal from a judgment of the circuit court for Door county: S. D. Hastings, Je., Circuit Judge. Action under sec. 3347, Stats. 1898, to realize on a pledge of two life insurance policies on the life of defendant Theodore C. Shove, which were assigned to plaintiff in 1886 as •collateral security for Mr. Shove’s note of $2,000. His wife and the insurance companies were joined with him as defendants. He answered separately, alleging as a defense and also as a counterclaim the following: From June 1, 1884, down to and inclusive of April 12, 1892, said defendant and plaintiff’s son, Adolph J.…
1Opinion of the CourtMabshall, J.
The sole question raised on this appeal is, Are the findings of fact contrary to the clear preponderance of the evidence ? Generally, in determining such a question, the circumstance that a trial judge has the benefit of the personal appearance of witnesses while giving their testimony, in determining the weight that should be given thereto, is regarded as an important factor. That is largely the reason why a reversal of his conclusion on a question of fact is not deemed proper merely because the evidence preserved in the record seems to preponderate that way. Such preponderance is not…
2Cited by10 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- McArthur v. MoffetWisconsin Supreme Court · 1910
- Wojahn v. National Union Bank of OshkoshWisconsin Supreme Court · 1911
- Von Trott v. Von TrottWisconsin Supreme Court · 1903
- Chase v. HinkleyWisconsin Supreme Court · 1905
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