Harrison v. Juneau Bank
Wisconsin Supreme Court
APPEAL from the County Court for Milwaukee County. The plaintiffs in this action composed the firm of Harrison, Hanford & Go.
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APPEAL from the County Court for Milwaukee County. The plaintiffs in this action composed the firm of Harrison, Hanford & Go. The complaint alleges that on the 1st of February, 1861, C. H. Orton & Co., of Milwaukee, executed to-them, for value, a promissory note for $372.13, dated on that day, and payable ninety days thereafter at the Juneau Bank in Milwaukee; that from said 1st of February to the 14th of May, 1861, said Orton & Co. were publishers and proprietors of the “Daily Milwaukee Press and News,” and, under direction of the clerk of the board of supervisors of Milwaukee county, as…
1Opinion of the Court
By the Court,
DIXON, C. J.
Tbe instrument set forth in tbe complaint is not a simple receipt. It is more. That part which relates to tbe mode of sale and tbe application of tbe proceeds of tbe county orders, is a contract, and not open to explanation or contradiction by parol evidence farther than any other contract. 2 Pars. on Con., 67, and cases cited.
Tbe complaint, therefore, contains two distinct causes of action, tbe one equitable, tbe other legal, which in strictness should have been separately stated. R. S., ch. 125, sec. 29. That for tbe reformation of tbe contract is equitable, and was…
2Cases cited1 opinion
- Lake v. MeachamWisconsin Supreme Court · 1861
3Cited by14 opinions
- Baldwin v. KerlinIndiana Supreme Court · 1873
- Jordan v. Estate of WarnerWisconsin Supreme Court · 1900
- Krakow v. WilleWisconsin Supreme Court · 1905
- Awada v. Shuffle Master, Inc.Nevada Supreme Court · 2007
- Braun v. Wisconsin Rendering Co.Wisconsin Supreme Court · 1896
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