Washburn v. Dosch
Wisconsin Supreme Court
APPEAL from the Circuit Court for Biohland County. The following statement of the case was prepared by Mr. Justice Cassodat: The complaint is upon a promissory note executed by the defendants, Bosch and Noble, jointly, February 12, 1883, payable to the plaintiff, for $528 and interest.
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APPEAL from the Circuit Court for Biohland County. The following statement of the case was prepared by Mr. Justice Cassodat: The complaint is upon a promissory note executed by the defendants, Bosch and Noble, jointly, February 12, 1883, payable to the plaintiff, for $528 and interest. The answer of the defendants alleged, in effect, that the note was signed by Noble merely as surety for Bosch, to the knowledge of the plaintiff; that the note was given by Bosch at the time named in part payment of the purchase price of a stock of dry goods, groceries, furniture, and fixtures, invoiced at…
1Opinion of the CourtCassoday, J.
The plaintiff objected to any evidence in support of the first counterclaim, on the ground that the matter therein alleged was not properly pleadable as a counterclaim. The reason for the objection is that such counterclaim did not exist in favor of both defendants and against the plaintiff, so that a several judgment might have been had thereon in the action, as required by sec. 2656, K. S. But it was for a cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff’s claim, or, at least, it was connected with the subject of the…
2Cases cited11 opinions
- Dwight v. HamiltonMassachusetts Supreme Judicial Court · 1873
- McClellan v. SanfordWisconsin Supreme Court · 1870
- Jilson v. GilbertWisconsin Supreme Court · 1870
- Dunlop v. . GregoryNew York Court of Appeals · 1851
- Smalley v. GreeneSupreme Court of Iowa · 1879
6 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Yates v. BallSupreme Court of Florida · 1937
- Hursen v. GavinIllinois Supreme Court · 1896
- Smithereen Co. v. RenfroeAppellate Court of Illinois · 1945
- Fish Bros. Wagon v. La Belle Wagon WorksWisconsin Supreme Court · 1892
- Braasch v. BondeWisconsin Supreme Court · 1926
18 more not listed; retrieve them via the Exa API.