Boutin v. Grow
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland County. The complaint contains two counts, but the plaintiffs recovered on the first count alone, which is as follows: “ 1. That the defendant ... is indebted to the said plaintiffs on an account for goods sold and delivered by the said plaintiffs to the said defendant, in the sum of five hundred and ninety-two dollars and sixty-one cents, with interest thereon from March 11, 1876, as will more fully appear by the said account hereto…
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APPEAL from the Circuit Court for Ashland County. The complaint contains two counts, but the plaintiffs recovered on the first count alone, which is as follows: “ 1. That the defendant ... is indebted to the said plaintiffs on an account for goods sold and delivered by the said plaintiffs to the said defendant, in the sum of five hundred and ninety-two dollars and sixty-one cents, with interest thereon from March 11, 1876, as will more fully appear by the said account hereto annexed, and made a part of this complaint, marked A.” The account A contains numerous items of debit and credit, the…
1Opinion of the CourtLyon, J.
It is claimed by the defendant, that his admission of the first cause of action merely admits his indebtedness to the plaintiffs in the sum of $592.61 irrespective of his counterclaim, and that there was no evidence to show that sum to be the balance against him after allowing his counterclaim. Hence it is claimed that, in making up the judgment, the defendant should be allowed the amount of his counterclaim as found by the referee, and charged with $592.61 only. This would result in a judgment for the defendant for over $2,000.
We cannot adopt these views. We find, in the return to the…
2Cases cited2 opinions
- Gilbank v. StephensonWisconsin Supreme Court · 1872
- Taylor v. LucasWisconsin Supreme Court · 1877