Greve v. Schweitzer
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The following statement of the case was originally prepared hy Mr. Justice Cole, as a part of his opinion : “ This is an appeal from an order denying the motion of defendant for judgment on the counterclaim set up in his answer, which was not replied to.
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APPEAL from the Circuit Court for Milwaukee County. The following statement of the case was originally prepared hy Mr. Justice Cole, as a part of his opinion : “ This is an appeal from an order denying the motion of defendant for judgment on the counterclaim set up in his answer, which was not replied to. The only question presented on the appeal is, Does the counterclaim state facts sufficient to constitute a cause of action entitling the defendant to judgment up-pon it ? • “ The material allegations in'the counterclaim are, that the defendant, nearly twenty years ago, at the request of one…
1Opinion of the CourtCole, J.
The matters alleged by defendant, as above stated, are insufficient to show a good counterclaim. The consideration for the note in suit was the note surrendered, which still remains in the possession of the defendant. It is very obvious, therefore, that there is no failure of consideration, and that the defendant cannot be relieved from the payment of the substituted note and mortgage upon any such ground. Besides, as is well remarked by the counsel for the plaintiff, the allegations in the answer, while they may show that a fraud was perpetrated by the plaintiff upon the creditors and legal…
2Cases cited1 opinion
- Allard v. LamirandeWisconsin Supreme Court · 1872
3Cited by2 opinions
- State ex rel. Attorney General v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1878
- Page Woven Wire Fence Co. v. PoolMichigan Supreme Court · 1903