McKone v. Metropolitan Life Insurance
Wisconsin Supreme Court
Appeal from a judgment of tire circuit court for Rock county: B. F. Duewiddie, Circuit Judge. This is an appeal from the judgment of the circuit court for Rock county upon the verdict of a jury supplemented by findings of the court authorized by stipulation of parties.
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Appeal from a judgment of tire circuit court for Rock county: B. F. Duewiddie, Circuit Judge. This is an appeal from the judgment of the circuit court for Rock county upon the verdict of a jury supplemented by findings of the court authorized by stipulation of parties. The action was begun in justice’s court, and upon appeal to the circuit court the defendant pleaded a counterclaim containing eighteen items aggregating $2,715.69. Based on the verdict of the jury in his favor the plaintiff recovered $134.03, -which was reduced to $121.79 by offsetting against it the eighteenth item of…
1Opinion of the Court
The following opinion was filed January 29, 1907:
Timxin, J.
There is considerable confusion in the record of this cause, some inconsistency and lack of clearness in the errors assigned, and a wide divergence between the facts pleaded in the counterclaim and the facts admitted or proven. The preliminary ruling of the court requiring the defendant to elect whether it would proceed in tort or upon contract seems to have had no injurious effect upon defendant’s rights; for, notwithstanding this, the cause was tried with reference to the plaintiff’s liability for negligence and with'reference to…
2Cases cited19 opinions
- Abbott v. DoaneMassachusetts Supreme Judicial Court · 1895
- Gores v. GraffWisconsin Supreme Court · 1890
- Daly v. City of MilwaukeeWisconsin Supreme Court · 1899
- Havana Press Drill Co. v. AshurstIllinois Supreme Court · 1893
- Luning v. StateWisconsin Supreme Court · 1849
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3Cited by3 opinions
- Casson v. SchoenfeldWisconsin Supreme Court · 1918
- A. Doykos & T. Pappas, Inc. v. LeventhalMassachusetts Supreme Judicial Court · 1935
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