Reports of Cases Argued and Determined in the Supreme Court of the State of Wisconsin, Volume 123 |
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Common terms and phrases
adverse possession agent agreement alleged amount answer assigned attorney authority bank board of review brief CASSODAY cause of action charged circuit court Circuit Judge circumstances claim commenced complaint contract contributory negligence counsel counterclaim county court court of equity Crosse Box Currie Bros damages deceased deed defendant defendant's Eau Claire county effect entitled equity estoppel evidence ex rel fact favor fendant filed foreclosure fund furnished guaranty held interest judgment jurisdiction jury land liable lien Lumber Company material ment Milwaukee mortgage negligence negotiable note and mortgage notice oral argument ordinary owner paid Paine Lumber Co parties payment plaint plaintiff pleadings policies possession potatoes premises purchase question reason received recover refused rendered res adjudicata respondent rule securities special verdict Stats statute statute of frauds street taxes testified testimony thereof thereto tion track trial court trust wire
Popular passages
Page 670 - The cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.
Page 159 - An instrument to be negotiable must conform to the following requirements : — 1. It must be in writing and signed by the maker or drawer ; 2. Must contain an unconditional promise or order to pay a sum certain in money ; 3.
Page 552 - Stapp his promissory note, negotiable in form, for $2,500, payable three years after date, and at the same time and as part of the same transaction...
Page 151 - Provided always, and these presents are upon this express condition, that if the said party of the first part, their heirs, executors, or administrators, shall well and truly pay, or cause to be paid, to the said party of the second part, his heirs, executors, administrators, or assigns, the...
Page 151 - ... and in default thereof, it shall be lawful for the said party of the second part to effect such insurance, and the premium and premiums paid for effecting the...
Page 610 - This entire policy, unless otherwise provided by agreement endorsed hereon or added hereto, shall be void * * * if the interest of the insured be other than unconditional and sole ownership...
Page 149 - Where the instrument is addressed to a drawee, he must be named or otherwise indicated therein with reasonable certainty.
Page 611 - ... if any change other than by the death of an insured, take place in the interest, title or possession of the subject of insurance (except change of occupants without increase of hazard) whether by legal process or judgment or by voluntary act of the insured, or otherwise...
Page 154 - Construing together simply means that, if there be any provisions in one instrument limiting, explaining, or otherwise affecting the provisions of another, they will be given effect as between the parties themselves and all persons charged with notice, so that the intent of the parties may be carried out, and that the whole agreement actually made may be effectuated.
Page 262 - The defendant, Hake, was allowed to amend his answer by pleading this alleged settlement as a discharge of all claims against him, and claimed that a verdict should be directed on this ground. The court, however, held that the evidence did not show a settlement of the plaintiff's claim against Hake, and instructed the jury that, if they found for the plaintiff, they should deduct the amount paid by the Andrae Company from the amount of the damages found, and this was in fact the course pursued by...