Gillet v. Phelps
Wisconsin Supreme Court
EEEOE to tbe Circuit Court for Fond du Lac County. Trespass, by limothy L. Gillet against Phelps, Vedder and Van Burén, for taking a stock of goods.
Read the full summary
EEEOE to tbe Circuit Court for Fond du Lac County. Trespass, by limothy L. Gillet against Phelps, Vedder and Van Burén, for taking a stock of goods. Tbe defendants pleaded severally tbe general issue, witb a notice of justification, wbicb alleged that said stock of goods was taken as tbe property of one Greorge W. Gillet, under several writs of attachment, issued at tbe suits of several firms wbicb were creditors of said George ~W-., and of wbicb firms tbe defendants were members, and that said goods were, at tbe time of such taking, tbe property of said George, and not of said limothy, who…
1Opinion of the Court
By the Court,
PAINE, J.
We think that the judgment in this case must be reversed, for the reason that the instructions given by the court to the jury were calculated to mislead them, and might have prejudiced the rights of the plaintiff. The question was, whether the sale from George W. Gillet to the plaintiff was fraudulent. The first instruction appearing in the bill of exceptions, is as follows: “ That if they believed that G. W. Gillet made the representations to Ogden, sworn to by him, on the 29th and 31st days of *399October, 1853, and that the plaintiff was present and heard the same, and…
2Cited by6 opinions
- Clifford v. StateWisconsin Supreme Court · 1883
- First National Bank v. Lowrey Bros.Nebraska Supreme Court · 1893
- Whittaker v. VoorheesSupreme Court of Kansas · 1887
- Burlington National Bank v. BeardSupreme Court of Kansas · 1895
- Platt v. SchreyerU.S. Circuit Court for the District of Southern New York · 1885
1 more not listed; retrieve them via the Exa API.