Congar v. Chamberlain
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Walworth County. Action on a promissory note for $200, executed by Chamberlain to Cougar.
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APPEAL from tbe Circuit Court for Walworth County. Action on a promissory note for $200, executed by Chamberlain to Cougar. Tbe answer stated as grounds of defense, 1. That tbe note was made in part payment for a quantity of fruit trees delivered on a contract, by tbe plaintiff to tbe defendant in Walworth, county, on tbe 29th of October, 1857; that according to the contract tbe trees were to be delivered early in tbe fall of 1857, in time for tbe defendant to deliver them to other parties at a certain point in Minnesota before cold weather or frost should injure them, and for that purpose…
1Opinion of the Court
By the Court,
Dixon, C. J.
Tbe record discloses but two exceptions on tbe part of tbe appellant — one to tbe refusal of tbe court to instruct tbe jury, as requested by bim, that tbe respondent could not recover a judgment against bim for any sum of money whatever, but, under tbe pleadings and evidence in tbe cause, could only recoup a part or tbe whole of tbe appellant’s demand, provided tbe jury should find that tbe respondent bad a right to recoup anything whatever; and tbe other to tbe decision of tbe court overruling tbe appellant’s motion for a new trial. No bill of exceptions having been…
2Cases cited3 opinions
- Bonner v. Home Insurance Co.Wisconsin Supreme Court · 1861
- Benedict v. HornerWisconsin Supreme Court · 1860
- Conger v. ChamberlainWisconsin Supreme Court · 1860
3Cited by6 opinions
- Holmes v. . MeadNew York Court of Appeals · 1873
- Collette v. WeedWisconsin Supreme Court · 1887
- Harrington v. DowningWisconsin Supreme Court · 1918
- Musgat v. WybroWisconsin Supreme Court · 1873
- Becker v. Green CountyWisconsin Supreme Court · 1922
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