Collins v. Lowry
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milmcmlcee County. The following statement of the case was prepared by Mr. Justice Oassoday : It appears from the record that October 10, 1883, the plaintiff’s intestate, H. C. Atkins, was indebted to the defendant in the sum of $2,138.15, evidenced by two promissory notes,— one for $1,000, due in thirty days, and the other for $1,138.15, due in ninety days; that to secure the payment of said notes the said Atkins delivered to the defendant…
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APPEAL from tbe Circuit Court for Milmcmlcee County. The following statement of the case was prepared by Mr. Justice Oassoday : It appears from the record that October 10, 1883, the plaintiff’s intestate, H. C. Atkins, was indebted to the defendant in the sum of $2,138.15, evidenced by two promissory notes,— one for $1,000, due in thirty days, and the other for $1,138.15, due in ninety days; that to secure the payment of said notes the said Atkins delivered to the defendant fifty shares of the capital stock of the Wisconsin, Pittsville & Superior Railway Company, then the property of said…
1Opinion of the CourtCassoday, J.
The principal contention is as to whether the plaintiff, after having at the commencement of the sec*332ond trial in open court received and accepted tbe stock certificate previously tendered to tbe plaintiff in writing and deposited and filed by tbe defendant witb tbe clerk of tbe court, could also recover actual damages for bis time, trouble, and expenses incurred in tbe bringing of tbis action and obtaining tbe return of tbe stock. Tbe learned counsel for tbe plaintiff contends that be was entitled to sucb recovery, and be requested an instruction to that effect, and also an instruction to tbe…
2Cases cited3 opinions
- Two Rivers Manufacturing Co. v. BeyerWisconsin Supreme Court · 1889
- Geiser Threshing Machine Co. v. SmithWisconsin Supreme Court · 1874
- Auley v. OstermanWisconsin Supreme Court · 1886
3Cited by8 opinions
- United States v. Pine River Logging & Improvement Co.Court of Appeals for the Eighth Circuit · 1898
- Stolze v. Milwaukee & Lake Winnebago RailroadWisconsin Supreme Court · 1902
- Montgomery v. American Central InsuranceWisconsin Supreme Court · 1900
- Parroski v. GoldbergWisconsin Supreme Court · 1891
- Cernahan v. ChrislerWisconsin Supreme Court · 1900
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