Dudley v. Stiles
Wisconsin Supreme Court
'APPEAL from the Circuit Court for Chippewa County. The action is upon a judgment rendered in a district court of the state of Minnesota, in favor of the plaintiffs and against the defendant. The answer is a general denial.
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'APPEAL from the Circuit Court for Chippewa County. The action is upon a judgment rendered in a district court of the state of Minnesota, in favor of the plaintiffs and against the defendant. The answer is a general denial. At the next term of the court after the answer was interposed, the defendant moved the coupt for leave to amend his answer; having previously served upon the attorney for the plaintiff notice of such motion, and copies of an affidavit of merits and of the proposed amended answer. Such proposed amendments were, to add to the general denial allegations that the judgment sued…
1Opinion of the CourtLyon, J.
The substance of the proposed amendment to the answer is a counterclaim for part of the price of the logs therein mentioned, which the plaintiffs have failed to pay as they agreed. It is -not averred that the note was paid by the sale of the logs to the plaintiffs, but only that thereby the means was *375placed in plaintiffs’ hands, ■which they agreed to apply in payment of the note at a future day, but failed to do so. Evidence of those facts, had they been interposed as a defense in the suit on the note, would not have sustained a plea of payment of the note, because no payment thereof was…
2Cases cited1 opinion
- Woodward v. HillWisconsin Supreme Court · 1858
3Cited by3 opinions
- North Baltimore Bottle Glass Co. v. AltpeterWisconsin Supreme Court · 1907
- Gerald v. FosterMississippi Supreme Court · 1964
- Randall v. BeidleWisconsin Supreme Court · 1941