Legal Opinion

Littlejohn v. Jacobs

Wisconsin Supreme Court

Decided October 12, 1886PublishedCited by 4 opinions

APPEAL from the Circuit Court for Walworth County. This is an appeal from an order sustaining a traverse of an affidavit annexed to a writ of attachment, and dissolving and setting aside the attachment.

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APPEAL from the Circuit Court for Walworth County. This is an appeal from an order sustaining a traverse of an affidavit annexed to a writ of attachment, and dissolving and setting aside the attachment. The affidavit states that the defendant is indebted to the plaintiff “ in the sum of $867.50, as near as may be, over and above all legal set-offs, and that the same is due upon express contract, to wit, for goods sold and delivered in the sum of $542.52, which sum is past due, and on promissory note in the sum of $325, which latter sum is to become due.” Several grounds for executing the…

1Opinion of the Court

LyoN, <J.

In August, 1884, the plaintiff sold to the defendant a drove of cattle. The following memorandum of the contract was written and signed by the plaintiff, and delivered to the defendant:

“Cattle sold W. H. Jacobs, for $648.50, embracing 21 head of cattle, to be paid by transfer of a certain mortgage now at the First National Bank, the collection of which is to be guarantied by him.
“August 26,188f N. M. Littlejouh.”

There was a failure to deliver a few of the cattle, which reduced the consideration for those delivered to $542.52, the sum stated in the affidavit.

It was overwhelmingly…

2Cited by4 opinions

  1. Ryan Drug Co. v. HvambsahlWisconsin Supreme Court · 1894
  2. Littlejohn v. Regents of the University of WisconsinWisconsin Supreme Court · 1888
  3. Alexander v. WadeMissouri Court of Appeals · 1904
  4. Teweles v. LinsWisconsin Supreme Court · 1898

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