Freeman v. Carpenter
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Dane County. Action, commenced January 22, 1861, on a promissory note dated April 2, 1857, payable to the order of L. L. Eoote, signed “ Carpenter, Noyes & Go." The complaint alleges that on the day of said date the defendants were partners, doing business under the name of Carpenter, Noyes & Co., and made the note in suit; that afterwards it was indorsed by the payee to the plaintiff, &c.
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APPEAL from tbe Circuit Court for Dane County. Action, commenced January 22, 1861, on a promissory note dated April 2, 1857, payable to the order of L. L. Eoote, signed “ Carpenter, Noyes & Go." The complaint alleges that on the day of said date the defendants were partners, doing business under the name of Carpenter, Noyes & Co., and made the note in suit; that afterwards it was indorsed by the payee to the plaintiff, &c. Carpenter answered, admitting the partnership, but denying that said note was made to secure the debt or liability of himself or of said firm, or with his knowledge or…
1Opinion of the Court
By the Court,
Cole, J.
The first obiection which we deem it necessary to notice is to tbe ruling of tbe circuit court rejecting the record offered to show the pendency of a prior suit for tbe same cause of action. It is stated on tbe brief of counsel, that tbe court rejected tbe record solely on tbe ground that, being matter in abatement, it was waived by pleading matters in bar. In other words, tbe court held that tbe present system of practice bad not changed tbe common law rule wbicb required that matters in abatement should be pleaded and disposed of before putting in a defense on the…
2Cases cited2 opinions
- Gardner v. . ClarkNew York Court of Appeals · 1860
- Babb v. MackeyWisconsin Supreme Court · 1860
3Cited by10 opinions
- Dutcher v. DutcherWisconsin Supreme Court · 1876
- Smith v. SloanWisconsin Supreme Court · 1875
- Stephens v. WheelerWisconsin Supreme Court · 1927
- State ex rel. Green Bay & Minnesota Railroad v. JenningsWisconsin Supreme Court · 1882
- Raymond v. City of SheboyganWisconsin Supreme Court · 1887
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