Ackerman v. Lyman
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lac County. Action for the value of the use and occupation of premises alleged to have been the property of one Holdridge, and affcer-terwards of the plaintiff, and to have been occupied by the defendant “ according to the permission” of said Holdridge and subsequently of the plaintiff, from October 1st, 1859, to February 1st, 1863. The plaintiff had taken an assignment of Holclridge’s claim for that portion of the time during which…
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APPEAL from the Circuit Court for Fond du Lac County. Action for the value of the use and occupation of premises alleged to have been the property of one Holdridge, and affcer-terwards of the plaintiff, and to have been occupied by the defendant “ according to the permission” of said Holdridge and subsequently of the plaintiff, from October 1st, 1859, to February 1st, 1863. The plaintiff had taken an assignment of Holclridge’s claim for that portion of the time during which the latter owned the premises. The answer, among other things, denies that the defendant occupied the premises “…
1Opinion of the CourtDowner, J.
The appellant claims that the circuit court erred in instructing the j ury, that if they found that the defendant went into possession of the premises, knowing that they belonged to Holdridge, and setting up no right to them in himself, or in any other person under whom he claimed, adverse to the rights of Holdridge, and remained in possession thereof with the assent of Holdridge or his duly authorized agent, and without setting up any claim adverse to the right of Holdridge to the premises, then the law would imply a promise on the part of the defendant to pay to Holdridge or his assigns,…
2Cases cited2 opinions
- Smith v. StewartNew York Supreme Court · 1810
- Henwood v. CheesemanSupreme Court of Pennsylvania · 1817
3Cited by6 opinions
- Harrell v. F. H. Vahlsing, Inc.Court of Appeals of Texas · 1952
- Orton v. NoonanWisconsin Supreme Court · 1870
- Hurley v. LamoreauxSupreme Court of Minnesota · 1882
- Wilcox v. RaddinAppellate Court of Illinois · 1880
- Munkwitz Realty & Investment Co. v. City of MilwaukeeWisconsin Supreme Court · 1910
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