Musgat v. Wybro
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Fond du Lac County. The action was brought by Musgat to collect the balance of an account due bim from Wybro, together with the amount of an account due to one Lefferts from Wybro, and by Lefferts assigned to plaintiff. The defendant answered, alleging a composition agreement, by which his creditors agreed to take forty cents on the dollar in full of their claims, and that this amount had been paid.
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APPEAL from tbe Circuit Court for Fond du Lac County. The action was brought by Musgat to collect the balance of an account due bim from Wybro, together with the amount of an account due to one Lefferts from Wybro, and by Lefferts assigned to plaintiff. The defendant answered, alleging a composition agreement, by which his creditors agreed to take forty cents on the dollar in full of their claims, and that this amount had been paid. There was a reply that the agreement was brought about by false representations made by defendant as to the amount and situation of his property, and by his…
1Opinion of the CourtDixon, C. J.
The court was clearly in error in excluding the evidence offered by the defendant to show that the plaintiff had reassigned the Lefferts account to Lefferts, and that the plaintiff was present and knew that Lefferts received his percentage of the debt from the trustee according to the terms of the agreement to compromise, and signed and delivered to the trustee a receipt in full for the account. There cannot be the slightest doubt that the proofs offered were admissible, and that the error would be fatal to the judgment were it not that it appears from the record that the jury rejected the…
2Cases cited2 opinions
- Allerding v. CrossWisconsin Supreme Court · 1861
- Congar v. ChamberlainWisconsin Supreme Court · 1861
3Cited by4 opinions
- Estate of KesslerWisconsin Supreme Court · 1894
- Sicklesteel v. EdmondsWisconsin Supreme Court · 1914
- Reinke v. WrightWisconsin Supreme Court · 1896
- In re ChaplinDistrict Court, D. Massachusetts · 1902