Fulton v. Day
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. The complaint states four separate causes of action based upon promissory notes made by the defendants to the plaintiffs, and a fifth for merchandise sold and delivered. The facts stated in the answer as a defense to the action: upon the notes will sufficiently appear from the opinion. As to the fifth cause of action the answer alleged payment.
Read the full summary
APPEAL from the County Court of Milwaukee County. The complaint states four separate causes of action based upon promissory notes made by the defendants to the plaintiffs, and a fifth for merchandise sold and delivered. The facts stated in the answer as a defense to the action: upon the notes will sufficiently appear from the opinion. As to the fifth cause of action the answer alleged payment. The plaintiffs demurred generally to the answer to the first four causes of action; and from an order sustaining such demurrer the defendants appealed. They argued, among other things, that the…
1Opinion of the CourtCole, C. J.
It seems to us there is no room for doubt, on the facts stated in the answer, but that the notes set forth in the first, second, third, and fourth causes of action are void. It is alleged that the original notes were given purr •suant to ah agreement by which the plaintiffs were induced to withdraw their opposition to the discharge of the defendants in bankruptcy and accept the composition. This was a contract clearly condemned by the provisions of the bankrupt law, and declared void by that statute. Sec. 5131, R. .S. of U. S., reads as follows: “ Any contract, covenant, or security made or…
2Cases cited13 opinions
- Wight v. RindshopfWisconsin Supreme Court · 1877
- Melchoir v. McCartyWisconsin Supreme Court · 1872
- Barnard v. BackhausWisconsin Supreme Court · 1881
- Ætna Insurance v. HarveyWisconsin Supreme Court · 1860
- Everingham v. MeighanWisconsin Supreme Court · 1882
8 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Smith v. LangmaackNorth Dakota Supreme Court · 1930
- Beat v. MickelsonWisconsin Supreme Court · 1936