McNally v. McAndrew
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for St. Croix county: E. B. Bdedy, Circuit Judge. This is an action by the executor of Patrick Biley, to recover the amount of three promissory notes executed by the defendant James McAndrew to his decedent in his lifetime. The notes were secured by a mortgage upon land. . W. H. Riley, a son of Patrick Biley, claimed to be the owner of the notes and mortgage, and was interpleaded. The issue tried was whether W. IT.
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Appeal from a judgment of the circuit court for St. Croix county: E. B. Bdedy, Circuit Judge. This is an action by the executor of Patrick Biley, to recover the amount of three promissory notes executed by the defendant James McAndrew to his decedent in his lifetime. The notes were secured by a mortgage upon land. . W. H. Riley, a son of Patrick Biley, claimed to be the owner of the notes and mortgage, and was interpleaded. The issue tried was whether W. IT. Riley was the owner of the notes and mortgage. The court found'that he was the owner, and gave him judgment for the amount of the notes…
1Opinion of the CourtNbwmaN, J.
The appellant claims that there was an entire failure of proof on the part of the defendant Riley. This can be true only in a case where the proofs fail to establish the issue in its general scope and meaning. The answer of defendant Riley alleged that he was the owner of the notes by purchase from his father. The proofs showed that he -was the owner by gift from his father. The substance of the issue tendered by the answer was the ownership of the notes. The means whereby the defendant became the .owner was subordinate and incidental. It was not the substance of the issue. Proof of…
2Cases cited10 opinions
- Harper v. City of MilwaukeeWisconsin Supreme Court · 1872
- In re Hess' EstateSupreme Court of Minnesota · 1894
- Frisk v. ReigelmanWisconsin Supreme Court · 1890
- Rozek v. RedzinskiWisconsin Supreme Court · 1894
- Delaplaine v. TurnletWisconsin Supreme Court · 1878
5 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Tucker v. TuckerSupreme Court of Iowa · 1908
- Jacobs v. JolleyIndiana Court of Appeals · 1902
- Shepard v. ShepardMichigan Supreme Court · 1910
- Talbot v. TalbotSupreme Court of Rhode Island · 1911
- Jones v. NicholasSupreme Court of Iowa · 1911
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