Johnson v. Parker
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Action upon promissory note. In May, 1872, the plaintiffs, residing in New York, placed in the hands of their attorneys there for collection, a claim against the defendant Parker, which was by them immediately forwarded to their correspondents at Madison, Wisconsin, where Parker resided.
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APPEAL from the Circuit Court for Dane County. Action upon promissory note. In May, 1872, the plaintiffs, residing in New York, placed in the hands of their attorneys there for collection, a claim against the defendant Parker, which was by them immediately forwarded to their correspondents at Madison, Wisconsin, where Parker resided. On January 25, 1878, Parker, together with the defendant Oheney as surety, executed and delivered to one of plaintiffs’ attorneys at Madison, the note in suit, payable in May following, for the amount then due on the account, including interest. This note was…
1Opinion of the Court
Dixoít, C. J.
The court quite agrees with the counsel for the plaintiffs upon the propositions chiefly argued at the bar, and which arose upon the exception to the refusal of the circuit court to instruct the jury, at the request of the plaintiffs, as follows : “ Where a party enters into a contract under a clear bona fide mistake, ignorance or forgetfulness of facts material thereto, he may, on that account, avoid or rescind such contract, provided the rights of innocent third parties will not be prejudiced by such avoidance. And, in such case, it is not material to inquire whether such party…
2Cases cited2 opinions
- Kercheval v. DotyWisconsin Supreme Court · 1872
- Lathrop v. KnappWisconsin Supreme Court · 1870
3Cited by6 opinions
- Grant Marble Co. v. AbbotWisconsin Supreme Court · 1910
- Chicago, St. Paul, Minneapolis & Omaha Railway Co. v. BystromWisconsin Supreme Court · 1917
- National Bank of La Crosse v. FunkeWisconsin Supreme Court · 1934
- Ladegaard v. ConnellWisconsin Supreme Court · 1938
- DeKarske v. WoelfferWisconsin Supreme Court · 1935
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