Smith v. Lander
Wisconsin Supreme Court
APPEAL from the Circuit Court for Pierce County. Action on a promissory note alleged to have been executed by defendant to F. L-. Stevens or bearer, payable three months after date. The complaint avers that plaintiff is the lawful owner and holder of the note, and that default has been made thereon.
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APPEAL from the Circuit Court for Pierce County. Action on a promissory note alleged to have been executed by defendant to F. L-. Stevens or bearer, payable three months after date. The complaint avers that plaintiff is the lawful owner and holder of the note, and that default has been made thereon. The answer is, that the note was made payable to Stevens alone; that there was a certain contemporaneous agreement between Stevens and plaintiff as to the manner in which it might'be paid; and that, after its delivery to Stevens, it was fraudulently altered by inserting the words “ or bearer ”…
1Opinion of the CourtTaylob, J.
This is an appeal from an order of the circuit court granting a new trial upon the application of the plaintiff. The new trial appears to have been granted on the ground that the verdict was against the weight of evidence. The granting or not granting a new trial upon the ground that the verdict is against the weight of evidence is in nearly all cases a matter in the discretion of the trial court; and this court will not interfere with such order, whether granted or denied, unless it is clearly apparent that there was an abuse of discretion in malcing or refusing the order. And it is highly…
2Cases cited2 opinions
- Pound v. RoanWisconsin Supreme Court · 1878
- Van Valkenburgh v. HoskinsWisconsin Supreme Court · 1859
3Cited by15 opinions
- Schweickhart v. StueweWisconsin Supreme Court · 1889
- Schraer v. StefanWisconsin Supreme Court · 1891
- Smith v. Taylor-Button Co.Wisconsin Supreme Court · 1923
- Jones v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1880
- Kayser v. HartnettWisconsin Supreme Court · 1886
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