Sawyer v. Choate
Wisconsin Supreme Court
Appeal from the judgment of the circuit court for Winnebago county: Geo. W. BueNell, Circuit Judge. The action is based on the following facts: On January 8, 1888, one Peter Grattan executed his promissory note for $2,000 to Bra/y dk Ghoate for money furnished at the time. It was afterwards negotiated by Bray <& Choate to the Commercial Bank of Oshkosh. At this tilne it had the indorsement of J. H. Kiel upon it. Kiel died.
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Appeal from the judgment of the circuit court for Winnebago county: Geo. W. BueNell, Circuit Judge. The action is based on the following facts: On January 8, 1888, one Peter Grattan executed his promissory note for $2,000 to Bra/y dk Ghoate for money furnished at the time. It was afterwards negotiated by Bray <& Choate to the Commercial Bank of Oshkosh. At this tilne it had the indorsement of J. H. Kiel upon it. Kiel died. The note was presented, filed, and allowed as a claim against his estate, and paid by his executors. This action is brought to recover the sum so paid from Bray & Choate on…
1Opinion of the CourtNewmaN, J.
It is said that the testimony of Choate and Grattan, to the effect that Kiel’s indorsement was on the note at the time when it was delivered to Bray <& Choate, was incompetent, on the ground that Kiel is dead, and that this was allowing opposite parties to testify in respect to a transaction or communication by him [them] personally with a deceased person,” in contravention to sec. 4069, B. S. Certainly, neither witness is within the literal terms of the section'. The evidence does not disclose that either was present at or witnessed the act of indorsement. They testify, simply, that the…
2Cases cited2 opinions
- Daniels v. FosterWisconsin Supreme Court · 1870
- Snyder v. WrightWisconsin Supreme Court · 1861
3Cited by5 opinions
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