Hollehan v. Roughan
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lac. County. The defendant appealed from a judgment in favor of the plaintiff. The facts will sufficiently appear from the opinion.
1Opinion of the CourtOrton, J.
The complaint was for money had and received, or for money paid by th.e plaintiff to the defendant for the purchase of a mare warranted and falsely represented to be sound, kind, and true, when in fact she was not. On the trial it was shown by the plaintiff that the consideration of said purchase was a promissory note given by the plaintiff to the defendant, or order, December 15, 1880, for $125, payable the first da}7 of April, 1881, without interest. The note was produced by the defendant and offered in evidence by the plaintiff. The evidence on the main issue tended to show the fraud, as…
2Cases cited10 opinions
- Van Ostrand v. ReedNew York Supreme Court · 1828
- Potter v. LutherNew York Supreme Court · 1808
- Paine v. VoorheesWisconsin Supreme Court · 1870
- Board of Supervisors v. DeckerWisconsin Supreme Court · 1874
- Gregory v. HartWisconsin Supreme Court · 1859
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3Cited by2 opinions
- Warren v. LandryWisconsin Supreme Court · 1889
- Officer v. J. L. Owens Co.Court of Appeals for the Eighth Circuit · 1918