Davy v. Kelley
Wisconsin Supreme Court
APPEAL from the Circuit Court for Florence County. The case is sufficiently stated in the opinion. They contended, inter alia: 1. The delivery of the notes to Webb was upon the express condition that they should at once be indorsed over and delivered to Travis, who was to destroy and never assert them against the defendant. There was never any valid delivery for any other purpose. And this purpose may be shown by parol.
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APPEAL from the Circuit Court for Florence County. The case is sufficiently stated in the opinion. They contended, inter alia: 1. The delivery of the notes to Webb was upon the express condition that they should at once be indorsed over and delivered to Travis, who was to destroy and never assert them against the defendant. There was never any valid delivery for any other purpose. And this purpose may be shown by parol. Burson v. Huntington, 21 Mich. 415; Chipman 'v. Tuclcer, 38 Wis. 43; Seymour v. Cowing, 1 Keyes, 532; Benton v. Martin, 52 id. 570; Knight •v. Hurlbut, 74 Ill. 133; Jordan v.…
1Opinion of the CourtTaylob, J.
The respondent brought an action against the appellant upon a promissory note executed by the appellant, and payable to the order of E. B. Webb, for the sum of $1,500. The complaint alleges that said note was transferred by said Webb to the plaintiff for a valuable consideration before due. There was also a claim in the complaint for wort and labor for $100. Upon the claim for work and labor there is no controversy on this appeal.
The defendant answered, first admitting the making, execution, and delivery of the note to Webb, but he denies “ that Webb, in any way or manner, for any…
2Cases cited25 opinions
- Harvey v. VarneyMassachusetts Supreme Judicial Court · 1867
- Drinkwater v. DrinkwaterMassachusetts Supreme Judicial Court · 1808
- Osborne v. MossNew York Supreme Court · 1810
- Clemens v. ClemensWisconsin Supreme Court · 1871
- Melchoir v. McCartyWisconsin Supreme Court · 1872
20 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State Bank of Moore v. ForsythMontana Supreme Court · 1910
- Gilbert v. StockmanWisconsin Supreme Court · 1892
- Weber v. WeberWisconsin Supreme Court · 1895
- Hackley National Bank v. BarryWisconsin Supreme Court · 1909
- Gilmore v. RobertsWisconsin Supreme Court · 1891
8 more not listed; retrieve them via the Exa API.