Atchison v. Davidson
Wisconsin Supreme Court
ERROR to the District Court for Dane County. Tlie facts are fully stated in tlie opinion of the court. 1. If the plaintiff was entitled to maintain an action on the note declared on, then the defendants were entitled to set off against the same the bills of exchange mentioned in the pleadings. 2. That the receivers of the Mineral Point Bank had no right to negotiate and give circulation to the assets of the bank, and that as the paper sued on came to the plaintiff through…
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ERROR to the District Court for Dane County. Tlie facts are fully stated in tlie opinion of the court. 1. If the plaintiff was entitled to maintain an action on the note declared on, then the defendants were entitled to set off against the same the bills of exchange mentioned in the pleadings. 2. That the receivers of the Mineral Point Bank had no right to negotiate and give circulation to the assets of the bank, and that as the paper sued on came to the plaintiff through such receivers, he could not maintain an action on it in his own name. Hagedon v. Bank of Wisconsin, 1 Pin. Haxton «.…
1Opinion of the CourtMiller, J.
The defendant in error was the plaintiff in the district court, where he recovered a judgment. The suit was founded upon a negotiable promissory note, drawn by the defendants, John Atchison and Gfeo. W. Atchison, on the 7th August, 1841, for $1,000, and payable to the order of Samuel B. Knapp two years after date, and indorsed in blank by him to E. C. Knapp, and by him in blank, through which indorsement the plaintiff made title. The defendants, to maintain their defense, called two witnesses, who proved that the note sued on was received by the plaintiff from the receivers of the Bank of…
2Cases cited3 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- Haxton v. BishopNew York Supreme Court · 1829
- Raymond v. WheelerCourt for the Trial of Impeachments and Correction of Errors · 1827
3Cited by2 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Ardmore Nat. Bank v. Briggs MacHinery & Supply Co.Supreme Court of Oklahoma · 1908