Noonan v. Ilsley
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. In March, 1856, plaintiff sold to defendant four lots in the city of Milwaukee, for $1,000 in money and ten shares of stock in the Milwaukee & Watertown Railroad, of the nominal value of $100 each; and gave him a deed with covenants of seizin and against incumbrances.
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APPEAL from the Circuit Court for Dane County. In March, 1856, plaintiff sold to defendant four lots in the city of Milwaukee, for $1,000 in money and ten shares of stock in the Milwaukee & Watertown Railroad, of the nominal value of $100 each; and gave him a deed with covenants of seizin and against incumbrances. Defendant paid the money, and certificates for seven shares of stock, and gave the following due bill for the remaining three shares : “Due to Josiah A. Noonan three hundred dollars in Water-town Railroad stock. Milwaukee, March 22,1856. Charles E. Ilsley.” The plaintiff in this…
1Opinion of the Court
Paine J.
There was no error in admitting the evidence of Newhall to prove the value of the stock. Statements as to value are always more or less matter of opinion, except perhaps in questions concerning a market value. But this is one 'of -the established exceptions to the rule prohibiting witnesses from giving their opinions. The value of property cannot be satisfactorily proved in any other way. We think the witness showed sufficient acquaintance with the property, to admit his statements as to its value. He was “ in the road,” as he expressed it, and he dealt extensively in the stock during…
2Cited by10 opinions
- People v. SchwarzCalifornia Court of Appeal · 1926
- Smith v. HughesWisconsin Supreme Court · 1880
- Central Railroad & Banking Co. v. SkellieSupreme Court of Georgia · 1891
- McCrary v. Chicago & Alton RailroadMissouri Court of Appeals · 1904
- Oakes v. Estate of BuckleyWisconsin Supreme Court · 1880
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