Bacher v. Gray
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, Judge. Action commenced in justice’s court on defendant’s promissory note transferred to the plaintiff after its maturity, ■which at the time of its maturity was held and owned by the A. Kieckhefer Elevator Company.
Read the full summary
Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, Judge. Action commenced in justice’s court on defendant’s promissory note transferred to the plaintiff after its maturity, ■which at the time of its maturity was held and owned by the A. Kieckhefer Elevator Company. The defendant filed written answer in justice’s court admitting the making of the note, alleging the same to be paid by the transactions thereafter stated, and containing as a fifth allegation, “ Further answering, the defendant alleges ” that on the maturity of the note it was the property and in…
1Opinion of the CourtDodge, J.
The questions principally argued are whether defendant should have been allowed to prove, by way of setoff, the indebtedness from the Kieckhefer Company to him, under the answer as it existed in justice’s court, and whether the superior court erred in permitting the amendment of that answer. Both of these questions depend upon the effect to be given the answer in justice’s court. If by that answer it cannot be said that any setoff was pleaded, it could not be proper to receive evidence in its support, and the plaintiff would have been entirely justified in foregoing any preparation to meet…
2Cases cited6 opinions
- Stowell v. EldredWisconsin Supreme Court · 1876
- Addy v. City of JanesvilleWisconsin Supreme Court · 1888
- Rood v. TaftWisconsin Supreme Court · 1896
- Resch v. SennWisconsin Supreme Court · 1872
- Brauchle v. NothhelferWisconsin Supreme Court · 1900
1 more not listed; retrieve them via the Exa API.