Comstock v. Buckley
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Milwaukee county: WaeeeN D. TakkaNt, Circuit Judge. This is a retrial of tbe case wbicb is reported in 141 Wis. 228, 124 N. W. 414. In tbeir essential features tbe facts on this appeal are tbe same as stated on tbe former appeal.
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Appeal from an order of tbe circuit court for Milwaukee county: WaeeeN D. TakkaNt, Circuit Judge. This is a retrial of tbe case wbicb is reported in 141 Wis. 228, 124 N. W. 414. In tbeir essential features tbe facts on this appeal are tbe same as stated on tbe former appeal. Tbe special verdict in this case is as follows: “(1) Did Herman account to tbe Buckleys or Somers for tbe San Juan Mining Company, for tbe proceeds of tbe $2,500 note sold to Wight? A. Yes. •“(2) When Herman paid Wight for tbe said note, was such transaction on tbe part of Herman a purchase of it, or a payment of it as…
1Opinion of the CourtSiebeckee, J.
The case on the former appeal (141 Wis. 228, 124 N. W. 414) was remanded for a new trial for the reason that the court erred in directing a verdict for the plaintiff. The court says:
“The question whether Herman acted fraudulently in negotiating the note to Wight was involved in conflict of evidence either received or offered and much uncertainty of inference from such evidence and should have been passed on by the jury; as also the question whether his payment to Wight was an attempted purchase by him individually or payment of the note on behalf of his principal.”
Upon the retrial the court…
2Cases cited3 opinions
- R. Connor Co. v. GoodwillieWisconsin Supreme Court · 1904
- Comstock v. BuckleyWisconsin Supreme Court · 1910
- Herring v. E. I. Du Pont de Nemours Powder Co.Wisconsin Supreme Court · 1911
3Cited by2 opinions
- Schlag v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1913
- Miller v. ZahariasCourt of Appeals for the Seventh Circuit · 1948