Davenport v. First Congregational Society
Wisconsin Supreme Court
APPEAL from the Circuit Court for Green County. The complaint sets up several causes of action: 1. For moneys expended by plaintiff at the request and for the bene- . fit of defendant, in 1867 and 1869, amounting, with interest, to $70. 2. Upon a promissory note of defendant, dated March 28, 1865, and upon which a balance of $74.30 was claimed to be due. 3. Upon an account for lumber, etc., sold by plaintiff to defendant, in 1868, upon which there is claimed to be due a…
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APPEAL from the Circuit Court for Green County. The complaint sets up several causes of action: 1. For moneys expended by plaintiff at the request and for the bene- . fit of defendant, in 1867 and 1869, amounting, with interest, to $70. 2. Upon a promissory note of defendant, dated March 28, 1865, and upon which a balance of $74.30 was claimed to be due. 3. Upon an account for lumber, etc., sold by plaintiff to defendant, in 1868, upon which there is claimed to be due a balance of $161. 4. Upon another account, which became due and payable in 1872, and upon which plaintiff claimed a balance…
1Opinion of the CourtCole, J.
We are inclined to the opinion that the circuit court erred in excluding the testimony offered on the part of the defendant, by which it was proposed to prove that the plaintiff agreed, at a meeting of the trustees, to donate his bill for lumber to the defendant, on condition that J. L. Rood, executor of the estate of L. Rood, would donate and surrender the claim which the estate had against the defendant; that this proposition was accepted by the executor and the defendant; and that Rood, as executor, did then and there release and discharge the claim which the estate held against the…
2Cited by6 opinions
- Goldsborough v. GableIllinois Supreme Court · 1892
- Herman v. SchlesingerWisconsin Supreme Court · 1902
- Abbott v. DoaneMassachusetts Supreme Judicial Court · 1895
- Continental National Bank of Chicago v. McGeochWisconsin Supreme Court · 1896
- McKone v. Metropolitan Life InsuranceWisconsin Supreme Court · 1907
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