Engel v. Hardt
Wisconsin Supreme Court
APPEAL from the Circuit Court for Washington County. The case is thus stated by Mr. Justice Tayjloe: “ This action was commenced in justice’s court.
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APPEAL from the Circuit Court for Washington County. The case is thus stated by Mr. Justice Tayjloe: “ This action was commenced in justice’s court. The complaint was as follows: ‘ The complaint of the plaintiff in the above-entitled action shows that the defendant is now, and was before the commencement of this action, justly indebted to the plaintiff in the sum of $45 for work, labor, and services performed by this plaintiff for said defendant at his request in procuring for said defendant a loan of $1,500 on his farm in the town of Jackson, Washington county, Wisconsin ; that no part of…
1Opinion of the CourtTaylor, J.
We think the court erred in directing a verdict for the defendant. Such direction was made undoubtedly upon the theory that the evidence did not sustain the allegations of the complaint. The complaint was treated as an action to recover for services performed in actually making a loan of $1,500 for the defendant upon the security of a mortgage upon his farm; and because the evidence failed to show that any lospi was in fact made, the complaint was wholly unproved. We think this was too strict a construction of the complaint. The evidence had all been admitted without objection on both sides,…
2Cases cited6 opinions
- Fisk v. TankWisconsin Supreme Court · 1860
- Bonner v. Home Insurance Co.Wisconsin Supreme Court · 1861
- Fobes v. School DistrictWisconsin Supreme Court · 1859
- Meshke v. Van DorenWisconsin Supreme Court · 1862
- Fox River Valley Railroad v. ShoyerWisconsin Supreme Court · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- McNally v. McAndrewWisconsin Supreme Court · 1897