J. & H. Clasgens Co. v. Silber
Wisconsin Supreme Court
APPEAL from the Superior Court of Milwaukee County. On June 25, 1890, Henry Hyman, a sole trader in business, gave his judgment note to Marcus Silber for $6,000. On June 26, 1890, he gave another judgment note to Louis Silber for $4,000. On April 16, 1891, Henry Hyman took his son, J. 0. Hyman, in partnership with him, and J. C. then indorsed said notes.
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APPEAL from the Superior Court of Milwaukee County. On June 25, 1890, Henry Hyman, a sole trader in business, gave his judgment note to Marcus Silber for $6,000. On June 26, 1890, he gave another judgment note to Louis Silber for $4,000. On April 16, 1891, Henry Hyman took his son, J. 0. Hyman, in partnership with him, and J. C. then indorsed said notes. On July 21, 1891, H. and J. C. Hyman gave to Louis Silber a note for $932.60. On September 19, 1891, H. and J. C. Hyman transferred all their book accounts to Marcus and Louis Silber, to apply on said notes given in June, 1890, and also gave…
1Opinion of the CourtCassoday, J.
The rule is firmly settled by repeated decisions that the granting of a new trial is very much in the discretion of the trial court, and that its order granting the same will not be reversed unless there clearly appears to have been an abuse of discretion. Schillinger v. Verona, 85 Wis. 595, and cases there cited. The only exception to this rule is where it affirmatively appears upon the record that such order was based upon a misapprehension of the law. Ibid. The case at bar is not within the exception. The motion to set aside the verdict and for a new trial was based upon the records,…
2Cases cited5 opinions
- Gammon v. AbramsWisconsin Supreme Court · 1881
- Annas v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1886
- Schillinger v. Town of VeronaWisconsin Supreme Court · 1893
- Schweickhart v. StueweWisconsin Supreme Court · 1889
- Munkwitz v. UhligWisconsin Supreme Court · 1885
3Cited by8 opinions
- Fritcher v. KelleyIdaho Supreme Court · 1921
- Conroy v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1897
- Maxon v. GatesWisconsin Supreme Court · 1901
- Dowagiac Manufacturing Co. v. SchroederWisconsin Supreme Court · 1900
- Mills v. ConleyWisconsin Supreme Court · 1901
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