Legal Opinion

Austin v. Nickerson

Wisconsin Supreme Court

Decided January 15, 1867PublishedCited by 6 opinions

APPEAL from the County Court of Milwaukee County. Action on a promissory note for $20, as the difference in plaintiff’s favor in the value of two horses exchanged by the parties. Yerdict for defendant. Motion for judgment for plaintiff non obstante veredicto, and also a subsequent motion for a new trial, denied. The grounds of the motion will appear from the opinion.

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APPEAL from the County Court of Milwaukee County. Action on a promissory note for $20, as the difference in plaintiff’s favor in the value of two horses exchanged by the parties. Yerdict for defendant. Motion for judgment for plaintiff non obstante veredicto, and also a subsequent motion for a new trial, denied. The grounds of the motion will appear from the opinion. Plaintiff appealed from a judgment for defendant. relied on Stever v. Lamoure, Snp. to Hill & Denio, 852-57; and Jaclcson v. Wetherill, 7 S. & R., 480.

1Opinion of the CourtCole, J.

The counsel for the plaintiff insists that the motion for judgment non obstante veredicto should have been granted, because the answer set up ,no defense' — neither fraud, nor breach of warranty. As a third defense, by way of counter-claim, it is alleged, that the plaintiff agreed to exchange a certain horse owned by him, for a horse then owned by the defendant, and that the defendant agreed to pay him, as a difference in their value, the sum of $20; “that, "for the purpose of inducing the defendant to make such exchange, the plaintiff did then and there represent to the defendant that his…

2Cited by6 opinions

  1. Hoffman v. DixonWisconsin Supreme Court · 1900
  2. Frey v. FailesSupreme Court of Oklahoma · 1913
  3. Pierce v. CareyWisconsin Supreme Court · 1875
  4. Smith v. ReedWisconsin Supreme Court · 1910
  5. Neave v. ArntzWisconsin Supreme Court · 1882

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