94 Wis. 134 | Wis. | 1896
The claim of the plaintiffs was that Btrouse purchased the goods fraudulently, intending not to pay for them, .and that he made false representations as to his pecuniary condition, which were relied on by the plaintiffs in making the sale. The alleged false representation chiefly relied on by the plaintiffs is testified to by one Marks, a traveling salesman of the plaintiffs, as having been made to him in March, 1893, and is to the effect that he (Btrouse) had purchased a stock of clothing of L. J. Strouse, at La Crosse, which would inventory at $12,000, for fifty cents on the dollar, and that he would pay $2,000 cash therefor and the balance in six, twelve, eighteen, and twenty-four months,
Upon request of the plaintiffs the court charged the jury as follows: “You are further instructed that, if you find that any witness has testified falsely regarding any material matter, you are at liberty to disregard all his testimony, ex
By the Court.— Judgment reversed, and action remanded’ for a new trial.