Dole v. Northrop
Wisconsin Supreme Court
APPEAL from the Circuit Court for Boch County. Action commenced in April, 1862, on a promissory note for $1000, executed by defendants to plaintiff, October 15, 1858, with interest at twelve per cent. ' The complaint alleged that no part of the note had been paid except the interest for six months. The answer alleged a further payment of $180, on or about the 14th of April, 1859, and demanded “ that that sum be allowed as set-off and payment against and upon said note.”
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APPEAL from the Circuit Court for Boch County. Action commenced in April, 1862, on a promissory note for $1000, executed by defendants to plaintiff, October 15, 1858, with interest at twelve per cent. ' The complaint alleged that no part of the note had been paid except the interest for six months. The answer alleged a further payment of $180, on or about the 14th of April, 1859, and demanded “ that that sum be allowed as set-off and payment against and upon said note.” There was a reply in denial. At the November term of said court, 1862, plaintiff obtained a judgment for $1433.33 damages.…
1Opinion of the Court
By the Gourt,
DowNER, J.
This is an appeal from an order allowing the defendants below to amend their answer so as to set up the defense of usury. By the first answer the defendants set up a payment of $180 on the note on which the suit was brought, and “ demanded that that sum be allowed as set-off and payment against and upon sai<J note.” By the amended answer the defendants allege, in substance, that the plaintiff loaned to the defendants $1000, for which they gave their note with twelve per cent, interest, and at the same time the parties agreed, the defendants to pay and ■ the plaintiff to…
2Cases cited1 opinion
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