Wisconsin Supreme Court January 15, 1874 (Punch v. Williams)

Cole, J.

The proposition of law which the counsel for the defendant relies upon for a reversal of the judgment, is doubtless sound. It is this: If the defendant executed the note sued on under a mistake of fact, and for an indebtedness to the estate of Patrick Murphy when no such indebtedness existed, or gave it for a greater sum than the amount of such indebtedness, then he is entitled to be