Goff v. Stoughton State Bank
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. This action is for the purchase price of a negotiable check •or draft, owned by the plaintiff, drawn by A. E. Davis & Co. upon a Chicago bank, for $38.50, to the order of one "Walters, and indorsed in blank by Walters. The complaint •also contained a count for money had and received, charging that the defendant had collected $38.50 upon the draft, and failed to pay the same to plaintiff.
Read the full summary
APPEAL from the Circuit Court for Dane County. This action is for the purchase price of a negotiable check •or draft, owned by the plaintiff, drawn by A. E. Davis & Co. upon a Chicago bank, for $38.50, to the order of one "Walters, and indorsed in blank by Walters. The complaint •also contained a count for money had and received, charging that the defendant had collected $38.50 upon the draft, and failed to pay the same to plaintiff. The defense was payment at the time the draft was handed to the bank. It appeared that the plaintiff handed the draft over the counter of the bank to the…
1Opinion of the CourtWiNsiow, J.
Two questions are raised and argued: First. Was the plaintiff’s bank book admissible in evidence on plaintiff’s behalf? Second. Was the instruction requested by defendant, to the effect that the burden of proof was on the plaintiff to show that the draft was not paid for in cash when it was handed to the cashier, properly refused?
1. As to the bank book. It was an account-kept by defendant of the business transactions between it and plaintiff at and just prior to the time the check was handed in to the bank. The plaintiff contending that he handed in the draft in the book, thus indicating that…
2Cases cited1 opinion
- Rossiter v. SchultzWisconsin Supreme Court · 1885