Vote-Berger Co. v. Carter-Wabeno Telephone Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eorest county: John Goodland, Circuit Judge. Action to recover on a promissory note which, by inadvertence, as alleged, had been canceled and returned to the maker as paid, contrary to the facts. The defendant, by ‘answer, insisted that the note was duly paid and canceled according to a memorandum thereon.
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Appeal from a judgment of the circuit court for Eorest county: John Goodland, Circuit Judge. Action to recover on a promissory note which, by inadvertence, as alleged, had been canceled and returned to the maker as paid, contrary to the facts. The defendant, by ‘answer, insisted that the note was duly paid and canceled according to a memorandum thereon. The evidence was to the effect that the note was given by •defendant December 1, 1908, and returned to the maker March 12, 1909. The memorandum on the paper was as follows: “Paid. Vote-Berger Company by C. S. Boley.” Mr. Boley was the…
1Opinion of the CourtMarshall, J.
The sole complaint by appellant is that the findings are not warranted by the evidence. The case is pre-*104seated in anticipation of tbis court carefully weighing such evidence and noting, efficiently, preponderating weight without regard to the persuasive effect of the trial opinion. This court has no very nicely balanced scale with which to weigh evidence. Such are afforded only in trial jurisdictions. It follows that great weight in favor of findings of fact made there must be accorded thereto and reasonable doubts resolved in favor thereof. Unless the evidence so strongly preponderates…
2Cited by1 opinion
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