Low v. Merrill
Wisconsin Supreme Court
ERROR to tlie District court for Dane County. This was an action of assumpsit, commenced by Merrill against Low, in the Dane county district court. The declaration contained two counts upon two several promissory notes; one for $1,215.68, dated April 7, 1842, and the other for $300, dated April 14,1838, payable ninety days after date. The defendant pleaded the general issue, but did not deny the execution of either of the notes under oath.
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ERROR to tlie District court for Dane County. This was an action of assumpsit, commenced by Merrill against Low, in the Dane county district court. The declaration contained two counts upon two several promissory notes; one for $1,215.68, dated April 7, 1842, and the other for $300, dated April 14,1838, payable ninety days after date. The defendant pleaded the general issue, but did not deny the execution of either of the notes under oath. At the trial of the cause, the plaintiff offered the following promissory note in support of one of the counts of his declaration: “ $300. For value…
1Opinion of the CourtMiller, J.
This was an action of assumpsit in the district court for Bane county, on two promissory notes, given by Gideon Low, the defendant in this cause, to Henry Merrill., the' plaintiff therein. The defendant pleaded the general issue, but did not file ah affidavit with his plea, denying the signature to, or execution of •said notes. When one of the notes was offered to be read in evidence to the jury, it appeared to have been altered in the date, thus: ‘ ‘ March 14,1838, ’ ’ had been first written as the date, and the word “March ” and the figures “ 14 ” were partly obliterated or defaced, and…
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- Will of DennettWisconsin Supreme Court · 1928
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