Downer v. Sassman
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Outa-gamie county: John Goodland, Circuit Judge. Appellant’s decedent brought an action to recover the sum of $450 from respondent, alleging that he had loaned respondent the sum of $900 on or about June 8, 1896, and that, he had been paid the sum of $450 April 9, 1901; and prayed for judgment for the balance, with interest.
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Appeal from a judgment of the circuit court for Outa-gamie county: John Goodland, Circuit Judge. Appellant’s decedent brought an action to recover the sum of $450 from respondent, alleging that he had loaned respondent the sum of $900 on or about June 8, 1896, and that, he had been paid the sum of $450 April 9, 1901; and prayed for judgment for the balance, with interest. He also alleged that he performed labor and services for respondent, at his request, throughout the years from the 8th of June, 1896, to April 9, 1901, of the reasonable value of $290, and that the-¡sum ivas due and owing…
1Opinion of the CourtSiebecker, J.
The exception to rulings refusing to permit the deceased to give testimony to explain and modify the written receipt becomes immaterial in the view which we find to be decisive of the case. It is true the deceased alleged in his complaint that he loaned respondent $900 in June, 1896, but respondent asserted that it was paid him in consideration of his agreeing to care for and support the deceased at respondent’s home for the remainder of his life. The proof failed to support the complaint alleging that respondent re-ceived the money as a loan. It clearly appeared, upon cross-examination of…
2Cited by1 opinion
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