Rood v. Taft
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Green county: John R. Bennett, Circuit Judge. This was an action on a promissory note given by the defendants to the plaintiff for $250, dated October 1, 1890, payable eighteen months after date, with interest.
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Appeal from a judgment of the circuit court for Green county: John R. Bennett, Circuit Judge. This was an action on a promissory note given by the defendants to the plaintiff for $250, dated October 1, 1890, payable eighteen months after date, with interest. The defendants, admitting the execution of the note, set up as defensive matter, in substance, that at the date of the note the defendant F. D. Taft purchased of the plaintiff a certain stallion, kept for breeding purposes, for $700, and, as part payment, conveyed to the plaintiff certain real estate, at the agreed value of $200, and gave…
1Opinion of the CourtPixxey, J.
All that part of the answer which precedes, the portion denominated a counterclaim consists of defensive matter only, and states no foundation for a recovery of damages by the defendant F. D. Taft against the plaintiff,, but might suffice simply to defeat a recovery by the plaintiff on the note. It is very clear that the defensive matter thus pleaded was in tort for the fraud and deceit in the sale-of the horse to the defendant F D. Taft, and not a mere warranty; but in either case no recovery could be had. in his favor against the plaintiff, unless such matter was pleaded as a counterclaim.…
2Cases cited1 opinion
- Resch v. SennWisconsin Supreme Court · 1872
3Cited by7 opinions
- Manning v. School District No. 6Wisconsin Supreme Court · 1905
- Western Loan & Savings Co. v. SmithIdaho Supreme Court · 1906
- Boek v. WagnerWisconsin Supreme Court · 1957
- Telulah Paper Co. v. Patten Paper Co.Wisconsin Supreme Court · 1907
- Brauchle v. NothhelferWisconsin Supreme Court · 1900
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