Port Huron Engine & Thresher Co. v. Clements
Wisconsin Supreme Court
Appeal from an order of the circuit court for Monroe county: J. J. Fkuit, Circuit Judge. This is an appeal from an order made March 30, 1901,. setting aside two judgments entered upon notes and warrants of attorney February 4, 1901, — one for $517.90, damages and costs upon a note and warrant of attorney signed by the defendants Peter and John Clements, Jr., July 26, 1900, and payable on or before December 1, 1902, for $450 and interest; and the other for $1,053.50, damages…
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Appeal from an order of the circuit court for Monroe county: J. J. Fkuit, Circuit Judge. This is an appeal from an order made March 30, 1901,. setting aside two judgments entered upon notes and warrants of attorney February 4, 1901, — one for $517.90, damages and costs upon a note and warrant of attorney signed by the defendants Peter and John Clements, Jr., July 26, 1900, and payable on or before December 1, 1902, for $450 and interest; and the other for $1,053.50, damages and costs, upon two notes and warrants of attorney, signed by the defendants John P. Clements, Peter Clements, and John…
1Opinion of the Court
Oassoday, O. J.
1. The fact that two of the notes were not payable at the time the judgments were entered furnished no grounds for setting aside the judgments. The warrant of attorney given with each note expressly authorized the confession of judgment for the amount “unpaid thereon, whether due or to become due”; and such agreements were in harmony with the statutes. Secs. 2895, 2896, Stats. 1898; Reid v. Southworth, 71 Wis. 288.
2. The only defense upon the merits alleged in the proposed answer to the note upon which the smaller judgment was entered is “that no consideration whatever was…
2Cases cited7 opinions
- Mills v. ConleyWisconsin Supreme Court · 1901
- Behl v. SchuetteWisconsin Supreme Court · 1897
- Boutin v. CatlinWisconsin Supreme Court · 1899
- Milwaukee Mutual Loan & Building Society v. JagodzinskiWisconsin Supreme Court · 1893
- Union Lumbering Co. v. Board of Supervisors of Chippewa CountyWisconsin Supreme Court · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Wolfgram v. Town of SchoepkeWisconsin Supreme Court · 1904
- Fairbanks v. . Supply Co.Supreme Court of North Carolina · 1915
- Fairbanks, Morse & Co. v. Twin City Supply Co.Supreme Court of North Carolina · 1915
- Ellis v. Barron CountyWisconsin Supreme Court · 1904
- Kremer v. SponholzWisconsin Supreme Court · 1906
2 more not listed; retrieve them via the Exa API.