Davis v. Schmidt
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Shawano-county: Johh Goodlahd, Circuit Judge. This action was brought to recover upon a joint and several promissory note against W. 0. Zachow, indorser, and the other-■defendants, makers, which note was executed on the 23d day ■of March, 1903, payable to Mose Goldberg or bearer.
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Appeal from a judgment of the circuit court for Shawano-county: Johh Goodlahd, Circuit Judge. This action was brought to recover upon a joint and several promissory note against W. 0. Zachow, indorser, and the other-■defendants, makers, which note was executed on the 23d day ■of March, 1903, payable to Mose Goldberg or bearer. By the terms of said note, $800, the first instalment, fell due September 1, 1904. It is alleged in the complaint that at the time plaintiff purchased the note there was indorsed upon the back thereof two payments of $200 each. Due protest is alleged and that there is…
1Opinion of the CourtKeewin, J.
1. Error is assigned in denying plaintiff’s motion that a verdict be directed in his favor. It is contended *463by appellant that, because the answer admits that judgment was recovered for one year’s interest against defendants, the ■determination of the court in such action for the recovery of interest is conclusive between the parties and their privies, and that the defendants cannot now question the plaintiff’s right to recover on the note in suit. The answer denies generally the plaintiff’s right to recover, and the admission in the answer that judgment was recovered for one year’s interest…
2Cases cited15 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
- Rowell v. SmithWisconsin Supreme Court · 1905
- Moller v. . TuskaNew York Court of Appeals · 1881
10 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Bank of Commerce v. PAINE, WEBBER, J. & C.Wisconsin Supreme Court · 1968
- Delaney v. Great Bend Implement Co.Supreme Court of Kansas · 1908
- Stadler v. RohmWisconsin Supreme Court · 1968
- City Light, Power, Ice & Storage Co. v. St. Marys Machine Co.Missouri Court of Appeals · 1913
- Robert Burgess & Son v. AlcornSupreme Court of Kansas · 1907
1 more not listed; retrieve them via the Exa API.