Millett v. Hayford
Wisconsin Supreme Court
ERROR TO RACINE COUNTY COURT. This was an action of assumpsit, brought by the defendant in error against the plaintiff in error in the County Court of Racine county, upon two promissory notes, both originally payable to S. S. Stevens or bearer. The plea was non-assumpsit, with notice, that the notes were transferred after maturity, also notice of set off against the payee. The cause was tried by a july 0f gix, in conformity with, the act establishing County Courts.
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ERROR TO RACINE COUNTY COURT. This was an action of assumpsit, brought by the defendant in error against the plaintiff in error in the County Court of Racine county, upon two promissory notes, both originally payable to S. S. Stevens or bearer. The plea was non-assumpsit, with notice, that the notes were transferred after maturity, also notice of set off against the payee. The cause was tried by a july 0f gix, in conformity with, the act establishing County Courts. The defence set up was, 1st. The set off of an account of Millett against Stevens ; and 2d. An agreement on the part of Stevens,…
1Opinion of the Court
By the Com%
Cbawfobd, J.
This case comes before us by writ of error, to the County Court of Racine county. In that court, the defendant in error commenced an action of assumpsit against the plaintiff in error, to recover the amount due upon a promissory note, and a due bill, the former having been endorsed to the plaintiff in the action after it became due, and the latter being payable to bearer.
The defendant filed a plea of non assumpsit, accompanied with a notice of set-off‘ as well against the plaintiff as against Samuel S. Stevens, the payee and endorser of the promissory note, and the…
2Cases cited4 opinions
- Dow v. TuttleMassachusetts Supreme Judicial Court · 1808
- Bullock v. CurryCourt of Appeals of Kentucky · 1859
- Chandler v. HerrickNew York Supreme Court · 1821
- Werner v. SchreckWisconsin Supreme Court · 1850
3Cited by8 opinions
- Bennett v. StateWisconsin Supreme Court · 1883
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- Hilliard v. Wisconsin Life InsuranceWisconsin Supreme Court · 1908
- Lombard v. McMillanWisconsin Supreme Court · 1897
- City of Huron v. CarterSouth Dakota Supreme Court · 1894
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