Ely v. Tesch
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milwaukee County. Action brought by Linus My upon a note given by Tesch to William C. Ely and indorsed to tbe plaintiff, and an account for goods sold and delivered to Tesch by said William C. Ely, wbicb account bad been assigned to tbe plaintiff.
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APPEAL from tbe Circuit Court for Milwaukee County. Action brought by Linus My upon a note given by Tesch to William C. Ely and indorsed to tbe plaintiff, and an account for goods sold and delivered to Tesch by said William C. Ely, wbicb account bad been assigned to tbe plaintiff. Tesch answered, setting up an agreement in writing by wbicb William C. Ely, with tbe other creditors of said defendant, agreed to accept a conveyance of certain lands in full satisfaction of their debts. A copy of tbe agreement was annexed to and made a part of tbe answer. On tbe trial, tbe court decided that tbe…
1Opinion of the Court
By the Court,
PAINE, J.
We can see no error that occurred on the trial, unless it may be found in the instruction given to the jury, that “ if they believed the defendant and William C. Ely were entitled to equal credit, then the testimony of Sals-bury -created a preponderance of testimony in favor of the plaintiff, unless there was some fact or evidence tending to corroborate the defendant.”
It is obvious that this would be erroneous except for, the qualification at its close. Eor it is not proper for a court to say to a jury that when one witness testifies on one side and another on the…
2Cited by5 opinions
- Schutz v. StateWisconsin Supreme Court · 1905
- Foot v. . FarringtonNew York Court of Appeals · 1869
- Roberts v. StateWisconsin Supreme Court · 1893
- Spensley v. Lancashire InsuranceWisconsin Supreme Court · 1885
- Bodenheimer v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1909