Johnson v. Swanke
Wisconsin Supreme Court
Appeal from an order of the circuit court for Waupaca county: Chas. M. Webb, Circuit Judge, j \ Plaintiffs’ claim was this: Pebruary 13, 1904, defendants Keller and Klunt induced plaintiffs and defendants Heide-man and Pryse to purchase of the former a horse, agreeing to pay therefor $3,000, according to the terms of a joint and several nonnegotiable, sis per cent, interest, promissory note, dated Pebruary 12, 1904, which all of said persons, so induced, on the first…
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Appeal from an order of the circuit court for Waupaca county: Chas. M. Webb, Circuit Judge, j \ Plaintiffs’ claim was this: Pebruary 13, 1904, defendants Keller and Klunt induced plaintiffs and defendants Heide-man and Pryse to purchase of the former a horse, agreeing to pay therefor $3,000, according to the terms of a joint and several nonnegotiable, sis per cent, interest, promissory note, dated Pebruary 12, 1904, which all of said persons, so induced, on the first mentioned day signed and delivered to said Keller and Klunt, in exchange for said horse. Said Keller and Klunt obtained such…
1Opinion of the CourtMaushaxl, J.
The question for consideration on the appeal is this: Does the principle that equity only supplements legal remedies, making up for their infirmities, preclude one who has an adequate defense at law to an ostensibly valid,, but in fact void, obligation in writing against him from having the use of equity jurisdiction, at his initiative, to quiet the controversy and obtain a cancellation of the instrument?' In other words, must one so circumstanced await the pleasure of his adversary as to time and place of attack, and then vindicate his right by way of defense ?
Here, according to the facts…
2Cases cited24 opinions
- Insurance Co. v. BaileySupreme Court of the United States · 1871
- Cable v. United States Life InsuranceSupreme Court of the United States · 1903
- Atlantic Delaine Co. v. JamesSupreme Court of the United States · 1877
- Calhoun v. . MillardNew York Court of Appeals · 1890
- Town of Venice v. . WoodruffNew York Court of Appeals · 1875
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3Cited by26 opinions
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- Bullard Shoals Mining Co. v. SpencerSupreme Court of Alabama · 1922
- Vandalia Coal Co. v. LawsonIndiana Court of Appeals · 1909
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