Union National Bank v. Roberts
Wisconsin Supreme Court
APPEAL from the Circuit Court for Wvnnebago County. Action on a promissory note alleged to have been executed September 11, 1874, by the defendants Roberts and Sherman, together with one Semple and one Whelen, both since deceased, in their firm name of Semple, Whelen & Co., for $2000, with interest at ten per cent., payable nine months from date, to Duncan McDonald or bearer, at the Eirst National Bank of Oshkosh, and to have been indorsed by McDonald to the plaintiff.
Read the full summary
APPEAL from the Circuit Court for Wvnnebago County. Action on a promissory note alleged to have been executed September 11, 1874, by the defendants Roberts and Sherman, together with one Semple and one Whelen, both since deceased, in their firm name of Semple, Whelen & Co., for $2000, with interest at ten per cent., payable nine months from date, to Duncan McDonald or bearer, at the Eirst National Bank of Oshkosh, and to have been indorsed by McDonald to the plaintiff. The defenses set up in the answer were, 1. That plaintiff was not the owner of the note. 2. That the note was executed and…
1Opinion of the Court
BtaN, O. J.
We cannot agree with the court below; that the alteration of the promissory note, if made, would be immaterial. A. note payable to bearer is essentially a different contract from a note payable to order.
The court below found that the alteration was made by a trespasser, against the will of the respondent. There is certainly no such preponderance of evidence against the finding, as would warrant us in disturbing it. And this finding of fact would have supported a conclusion of law, that the note was not altered; that it remained as written, as much as if it had been merely obscured…
2Cited by18 opinions
- Johnson v. GraysonSupreme Court of Missouri · 1910
- Morton & Bliss v. New Orleans & Selma Railway Co.Supreme Court of Alabama · 1885
- Haas v. Bank of CommerceNebraska Supreme Court · 1894
- Smith v. BarnesMontana Supreme Court · 1915
- Walton Plow Co. v. CampbellNebraska Supreme Court · 1892
13 more not listed; retrieve them via the Exa API.