Ripon Hardware Co. v. Haas
Wisconsin Supreme Court
Appeals from an order of the circuit court for Fond du Lac county: Ohestek A. Fowlbe, Circuit Judge. Action to recover of tbe maker and guarantors of a promissory note.
Read the full summary
Appeals from an order of the circuit court for Fond du Lac county: Ohestek A. Fowlbe, Circuit Judge. Action to recover of tbe maker and guarantors of a promissory note. Tbe nóte was for $1,500, dated August 22, 1901, payable in one year after date, made by Charles H. Dodge to tbe order of Charles Cowan, and indorsed thus: ' “For value received we hereby guaranty the payment of the within note at maturity or at any time thereafter, with interest at the rate of six per cent, per annum, until paid, waiving notice of nonpayment and protest. “W. B. NasoN. “Ed. XoppliN. “Johh Haas.” It was alleged…
1Opinion of the CourtMaeshall, J.
The rule that production and possession of an indorsed promissory note proves, prima facie, that the in-*68dorsement was made according to its purport, is statutory. Sec. 4193, Stats. (1898). It applies, only, to indorsements, and when the action to enforce the paper is by an indorsee. Cook v. Helms, 5 Wis. 107; Roach v. Sanborn L. Co. 135 Wis. 354, 115 N. W. 1102. As this action, so-far as concerns plaintiff, is against a guarantor, such rule does not apply.
The only statutory presumption which could apply, under any circumstances, is the one contained in sec. 4192, Stats. (1898), providing that:
2Cases cited5 opinions
- Maldaner v. SmithWisconsin Supreme Court · 1899
- Cook v. HelmsWisconsin Supreme Court · 1856
- Deering Harvester Co. v. JohnsonWisconsin Supreme Court · 1900
- Roach v. Sanborn Land Co.Wisconsin Supreme Court · 1908
- Campion v. SchinnickWisconsin Supreme Court · 1896
3Cited by7 opinions
- Larson v. HansonWisconsin Supreme Court · 1932
- West v. Bayfield Mill Co.Wisconsin Supreme Court · 1910
- Turner v. CrumptonNorth Dakota Supreme Court · 1913
- Puhr v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1918
- Stratton v. RosenquistNorth Dakota Supreme Court · 1917
2 more not listed; retrieve them via the Exa API.