Legal Opinion

Engmann v. Estate of Immel

Wisconsin Supreme Court

Decided January 8, 1884PublishedCited by 29 opinions

APPEAL from the Circuit Court for Miboaulcee County. The case is stated in the opinion. They argued, inter alia: 1. The credibility .of the evidence as to the signature was solely for the jury! 1 Greenl. on Ev., 577; Bierbaeh v. Goodyear Rubber Go., 54 "Wis., 213; Van Doran v. Armstrong, 28 id., 241; Sharswood’s Starkie on Ev., 730, 874. 2. Evidence by a party of the appointment of an agent to communicate directly or transact business with a person since deceased, is within…

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APPEAL from the Circuit Court for Miboaulcee County. The case is stated in the opinion. They argued, inter alia: 1. The credibility .of the evidence as to the signature was solely for the jury! 1 Greenl. on Ev., 577; Bierbaeh v. Goodyear Rubber Go., 54 "Wis., 213; Van Doran v. Armstrong, 28 id., 241; Sharswood’s Starkie on Ev., 730, 874. 2. Evidence by a party of the appointment of an agent to communicate directly or transact business with a person since deceased, is within the spirit of the prohibition in sec. 4069, E. S.; such evidence would tend to show a personal transaction with the…

1Opinion of the CourtOrton, J.

The plaintiff held the note of John Immel at the time of his death for $100, given November 18, 1870, *251payable on demand, with ten per cent, interest until paid. The county court in probate allowed said note as a valid claim against the estate, less the payment of $10 in 1813 and of $10 in 1811 thereon. From this allowance the executor of said estate appealed to the circuit court, and in that court, after trial, the jury rendered a verdict for the whole amount of the note, principal and interest, less said two payments, and judgment was rendered thereon, from which this appeal is taken. The…

2Cases cited15 opinions

  1. Winchell v. . HicksNew York Court of Appeals · 1859
  2. Schmucker v. SibertSupreme Court of Kansas · 1877
  3. Harper v. . FairleyNew York Court of Appeals · 1873
  4. Carroll v. ForsythIllinois Supreme Court · 1873
  5. First Nat. Bank of Utica v. . BallouNew York Court of Appeals · 1872

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3Cited by29 opinions

  1. Reno Club, Inc. v. Young Investment Co.Nevada Supreme Court · 1947
  2. Luis v. MuhrbackOregon Supreme Court · 1907
  3. Thiel v. DamrauWisconsin Supreme Court · 1954
  4. Quass v. Milwaukee Gas Light Co.Wisconsin Supreme Court · 1919
  5. Hamilton v. BlakeneySupreme Court of Oklahoma · 1917

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