Welch v. Kukuk
Wisconsin Supreme Court
Appeal from a judgment of the county court of Dodge county: J. A. BaeNet, Judge. This is an action to recover $200 and interest from June 28, 1903, alleged to be due from the defendants to the plaintiff upon a promissory note executed by the defendants June 28, 1902, wherein and whereby they, for value received, promised to pay to the plaintiff or bearer, one-year after date, $200 with interest, no part of which note has been paid except the interest to June 28, 1903. The…
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Appeal from a judgment of the county court of Dodge county: J. A. BaeNet, Judge. This is an action to recover $200 and interest from June 28, 1903, alleged to be due from the defendants to the plaintiff upon a promissory note executed by the defendants June 28, 1902, wherein and whereby they, for value received, promised to pay to the plaintiff or bearer, one-year after date, $200 with interest, no part of which note has been paid except the interest to June 28, 1903. The defendant KvJeuk answered and admitted the making of the note and its contents as alleged in the complaint, and that…
1Opinion of the Court
Cassoday, O. J.
The note with interest was payable one year from the date thereof. Eight days before its maturity the defendant Sterr paid to the plaintiff the one year’s interest thereon. It is conceded that the defendant Kukuk signed the note without consideration and for the accommodation of the defendant Sterr. It is claimed on the part of Kukuk that eight days before the maturity of the note, and without his knowledge or assent, the plaintiff and Sterr made a valid and binding agreement to extend the time for the payment of the note for one year, or to June 28, 1904, and that he was…
2Cases cited4 opinions
- Manter v. ChurchillMassachusetts Supreme Judicial Court · 1879
- First National Bank v. CecilOregon Supreme Court · 1892
- Union National Bank of Chicago v. CrossWisconsin Supreme Court · 1898
- Ready v. SommerWisconsin Supreme Court · 1875
3Cited by2 opinions
- Braasch v. BondeWisconsin Supreme Court · 1926
- Kings County Trust Co. v. GiovincoAppellate Division of the Supreme Court of the State of New York · 1934