Marsh v. Case
Wisconsin Supreme Court
APPEAL from the County Court of MihoauTcee County. This action was commenced before W. W. Yale, Esq., a justice of the peace of the county of Milwaukee, to recover a balance of four dollars, which the plaintiff alleges was found due bfm from the defendant upon a settlement of divers accounts between them, and which balance the defendant promised to pay.
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APPEAL from the County Court of MihoauTcee County. This action was commenced before W. W. Yale, Esq., a justice of the peace of the county of Milwaukee, to recover a balance of four dollars, which the plaintiff alleges was found due bfm from the defendant upon a settlement of divers accounts between them, and which balance the defendant promised to pay. The defendant admits the stating of the account, and that it appeared therefrom that he owed the plaintiff four dollars, and further, that he promised to pay the same to the plaintiff. The only account between the parties, was kept by the de ’…
1Opinion of the CourtLyost, J.
This case does not present a very broad or difficult -field for legal investigation. Tbe single question to be determined is, whether the testimony is sufficient to justify the opening of the account stated and surcharging it with the disputed item of five dollars against the plaintiff. The justice held that the testimony was not sufficient for such purpose, and based his judgment upon the account stated by the parties. Upon the same testimony the county court held otherwise, and reversed the judgment of the justice. We are to determine which of these tribunals adjudged correctly.
The account…
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