Swanke v. Herdeman
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Shawano county: John Goodland, Circuit Judge. Action on a nonnegotiable joint and several note, given for a stallion sold to the defendants by one Keller, who was in fact agent for himself and several others; the note having been transferred to the plaintiff with a guaranty signed by ■the former owners of the horse.
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Appeal from a judgment of the circuit court for Shawano county: John Goodland, Circuit Judge. Action on a nonnegotiable joint and several note, given for a stallion sold to the defendants by one Keller, who was in fact agent for himself and several others; the note having been transferred to the plaintiff with a guaranty signed by ■the former owners of the horse. The first defense was fraud in falsely representing the horse as then newly imported from reputable dealers in Illinois and as being sound, and that upon learning their falsity the defendants had rescinded, notified Keller, offered…
1Opinion of the CourtDodge, J.
The record discloses evidence which would justify a jury in finding the making, the falsity, and materiality *657of the two alleged misrepresentations, namely, that the horse had been freshly imported from a well-known and responsible firm of dealers in Illinois and that he was sound in every respect and suitable for breeding' purposes. Indeed there is nothing to' indicate that the trial' court decided otherwise. The direction of verdict apparently was based upon the view that the defendants had not been diligent before signing the note to ascertain as to the falsity of such representations, and…
2Cases cited3 opinions
- Hodge v. SmithWisconsin Supreme Court · 1907
- Jacobsen v. WhitelyWisconsin Supreme Court · 1909
- Aukland v. ArnoldWisconsin Supreme Court · 1907
3Cited by9 opinions
- Commissioner of Banks v. Chase Securities Corp.Massachusetts Supreme Judicial Court · 1937
- Bloom v. KruegerWisconsin Supreme Court · 1923
- Gerbig v. BellWisconsin Supreme Court · 1910
- Sanitary Mfg. Co. v. GamerCourt of Appeals of Texas · 1918
- Carpenter v. CarpenterWisconsin Supreme Court · 1910
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