Legal Opinion

State Bank v. Dutton

Wisconsin Supreme Court

Decided June 4, 1860PublishedCited by 20 opinions

APPEAL FROM COUNTY COURT, MILWAUKEE COUNTY. This action was brought to recover the amount due upon two bills of exchange made by Dutton & Raymond on Niles & Kinne at Buffalo, each for $5000 at 30 days from date, and indorsed to the plaintiff, with interest.

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APPEAL FROM COUNTY COURT, MILWAUKEE COUNTY. This action was brought to recover the amount due upon two bills of exchange made by Dutton & Raymond on Niles & Kinne at Buffalo, each for $5000 at 30 days from date, and indorsed to the plaintiff, with interest. The defendants confessed the making and indorsement, and non-payment at maturity ; but set up that the money was borrowed for the purpose, and used in buying a cargo of wheat at Racine, to be shipped and consigned to the International Bank at Buffalo, to secure the payment of the drafts, and the warehouse receipts were to be delivered to…

1Opinion of the Court

By the Court,

Cole, J.

There can be but little doubt that dhe circuit court improperly admitted the evidence offered on *373the trial which related to the propositions made by the appellants to settle and compromise the claims sued upon; and the question is, was that error cured by the subsequent direction of the court to the jury to disregard this evidence. It is insisted by the counsel for the respondent, that the admission of improper evidence is not a sufficient reason for reversing a judgment and granting a new trial unless it appears that injustice has been done by such admission, which he…

2Cases cited2 opinions

  1. Gillet v. MeadNew York Supreme Court · 1831
  2. Haswell v. BussingNew York Supreme Court · 1813

3Cited by20 opinions

  1. Pangborn v. WestlakeSupreme Court of Iowa · 1873
  2. Bowman v. CockrillSupreme Court of Kansas · 1870
  3. Roebke v. AndrewsWisconsin Supreme Court · 1870
  4. Continental Oil Co. v. BellMontana Supreme Court · 1933
  5. Papke v. HaerleWisconsin Supreme Court · 1926

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