Markoe v. Seaver
Wisconsin Supreme Court
ERROR TO ROCK COUtíTV COURT. This was an action of assumpsit commenced in the County Court of Rock county, by the plaintiff in error against the defendant in error, by the filing* and service of a declaration.
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ERROR TO ROCK COUtíTV COURT. This was an action of assumpsit commenced in the County Court of Rock county, by the plaintiff in error against the defendant in error, by the filing* and service of a declaration. The declaration was in the common counts, and on the back of the same was a notice that the plaintiff would rely upon, and give in evidence, as Ms only cause of action, a promissory note, a copy of which was given, and which was in the words and figures following: “1268.66. ■ “New York, Aug. 19, 1853. “Sis months after date, we, the subscribers, of Mndley, county of Hancock, State of…
1Opinion of the Court
By the Court,
Smith, J.
The same principle is involved in this case, as that decided by this court in Cooper vs. Blood, (ante 62). We held, in the latter case, that where a copy of the note was endorsed *151upon the declaration, and served therewith, as the canse of action upon which the ;plain tiff claims, such copy "becomes apart of the declaration, and that the defendant might plead thereto any defence to the note, and that the plaintiff would he confined to the cause of action thus set out. After a careful review of-that decision, we are satisfied of its entire -correctness. The declaration is…
2Cited by3 opinions
- Rountree v. DensonWisconsin Supreme Court · 1884
- Eastland v. FogoWisconsin Supreme Court · 1886
- Newhall-House Stock Co. v. Flint & Pere Marquette Railway Co.Wisconsin Supreme Court · 1879