Legal Opinion

Smith v. Cassell

Wisconsin Supreme Court

Decided January 31, 1888Published

APPEAL from the Circuit Court for Milwaukee County. The case is sufficiently stated in the opinion. The plaintiff appealed from the judgment entered on a verdict for the defendants.

1Opinion of the Court

Cole, 0. J.

This is ah action against the defendants for goods sold and delivered. Both defendants appeared and answered. At the close of the testimony the defendants asked the court to direct the jury to find a verdict in their favor, for the reason that the complaint was against them jointly, and there was no evidence to sustain a joint judgment. The court so directed the jury, and this ruling is the only point in the case which it is necessary to consider.

It may be admitted that the evidence failed to establish a joint liability. But there was abundant testimony that the defendant Green…

2Cases cited4 opinions

  1. Parker v. JacksonNew York Supreme Court · 1852
  2. Harrington v. HighamNew York Supreme Court · 1853
  3. People v. CramNew York Supreme Court · 1853
  4. Benson v. PaineNew York Court of Common Pleas · 1859

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