Miller v. Slater
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Richland county: George Clementson, Circuit Judge. In due course, plaintiff, as personal representative of George Richard Slater, filed a claim against the estate of W. J. Slater, deceased, for $2,180.85 on a promissory note and $811 on account.
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Appeal from a judgment of the circuit court for Richland county: George Clementson, Circuit Judge. In due course, plaintiff, as personal representative of George Richard Slater, filed a claim against the estate of W. J. Slater, deceased, for $2,180.85 on a promissory note and $811 on account. Defendant, as personal representative of the estate of W. J. Slater, put in issue the claim of plaintiff and counterclaimed for $2,259.16. There was an answer, putting in issue the allegations of the counterclaim. The trial in the county court resulted in these findings: George Richard Slater, a single…
1Opinion of the CourtMaeshall, J.
The judgment must be affirmed. The appeal does not present any question for consideration which warrants particular consideration except as to whether the condition in the note, in terms extinguishing it in case of the payee predeceasing his brother, was intended to take effect as a gift in prcesenti. That was a question of fact determinable by inference in the light of the circumstances characterizing the origin of the paper. The court, as indicated in the statement, found in favor of the payors, — respondents here, — and the circuit court did the same.
Notwithstanding the rule that findings…
2Cases cited2 opinions
- Henschel v. MaurerWisconsin Supreme Court · 1887
- Schultz v. BeckerWisconsin Supreme Court · 1907
3Cited by3 opinions
- Compton v. WestermanWashington Supreme Court · 1928
- Guenther v. GuentherWisconsin Supreme Court · 1943
- Thompson v. KayUtah Supreme Court · 1938