Martin v. Pugh
Cases that cite this one
5 later published cases cite this decision.
- Wilkinson v. United States Fidelity & Guaranty Co. (Wis. 1903)
- Esbensen v. Hover (Colo. App. 1893)
- Esbensen v. Hover (Colo. App. 1893)
- Rossiter v. Schultz (Wis. 1885)
- Hawes v. Woolcock (Wis. 1872)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
This was an action on a promissory note, and the answer was a general denial, and a counterclaim for money had and received. On the trial, the defendant offered evidence of payment under the general denial, which was excluded because payment had not been alleged in the answer. Under his general counterclaim for money had and received, he offered to prove the payment of usurious interest, which he sought to recover back and have allowed. This was excluded, because he had not alleged specifically the facts showing usury. The authorities cited by the respondent show that the rulings of the court below were right on both points.
By the Court. — The judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.