Greening v. Patten
Wisconsin Supreme Court
APPEAL from the Circuit Court for Calumet County. Action on a promissory note. The facts shown by the evidence are thus stated by Mr. Justice Oassoday: “ The undisputed evidence in this case shows, in effect, the following facts: April 3, 1875, the defendant Patten was treasurer of the town of Chilton,- to which office he had been elected the year previous, and as such was liable on his official bond for all moneys coming into his hands as such treasurer.
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APPEAL from the Circuit Court for Calumet County. Action on a promissory note. The facts shown by the evidence are thus stated by Mr. Justice Oassoday: “ The undisputed evidence in this case shows, in effect, the following facts: April 3, 1875, the defendant Patten was treasurer of the town of Chilton,- to which office he had been elected the year previous, and as such was liable on his official bond for all moneys coming into his hands as such treasurer. A short time prior to that date, he had collected a tax of $1,000, designed to be used in discounting and tahingup certain coupons to…
1Opinion of the CourtCassoday, J.
We are convinced from the evidence that the $800 obtained of Corcoran was the property of Patten and not of Greening and O’Neil, they being mere sureties upon his note; and that when Patten paid and took up the coupons and presented them, or a receipt of their payment, to McCabe, the chairman, he had thereby fully satisfied and fulfilled the purposes for which the note was given; and that McCabe thereupon surrendered the note to Patten because Patten had fulfilled and satisfied the conditions for which the note was given to the chairman. The transaction clearly shows a payment of the note by…
2Cases cited5 opinions
- Lancey v. . ClarkNew York Court of Appeals · 1876
- Watson v. WilcoxWisconsin Supreme Court · 1876
- Chester v. . DorrNew York Court of Appeals · 1869
- Pelton v. KnappWisconsin Supreme Court · 1866
- Cravath v. EsterlyWisconsin Supreme Court · 1870
3Cited by2 opinions
- Binford v. AdamsIndiana Supreme Court · 1885
- Lee v. FieldNew Mexico Supreme Court · 1898