Hawes v. Woolcock
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. Action on a note made July 3, 1866, by the defendant, at Adelaide, in Canada, promising to pay William J. Hoare, or order, one year from date, $600 in Canada currency, with interest at ten per cent.
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APPEAL from the Circuit Court for Jefferson County. Action on a note made July 3, 1866, by the defendant, at Adelaide, in Canada, promising to pay William J. Hoare, or order, one year from date, $600 in Canada currency, with interest at ten per cent. The complaint avers that when the note fell due, Canada currency was worth a premium over United States currency of thirty-seven per cent.; that nothing was paid on the note until November 9, 1869, at which time said note amounted to $1,097.37 in American currency; that upon the day last mentioned, defendant paid and caused to be indorsed upon…
1Opinion of the CourtPaine, J.
The court below erred in excluding all evidence of the. counterclaim set up in the answer. The note being payable in Canada currency, and therefore not negotiable, and plaintiff having purchased it long after it became due, it was, of course, subject to the equities between the original parties. The answer then shows,- by way of counterclaim, that after the note was due, and while it was held by William J. Hoare, the payee, the defendant being indebted to him on the note, and he and his brother being jointly indebted to the defendant in a larger amount for the.rent of a farm leased by him to…
2Cases cited1 opinion
- Pfeil v. HigbyWisconsin Supreme Court · 1866
3Cited by4 opinions
- Lathrop v. KnappWisconsin Supreme Court · 1870
- Gross v. MendelAppellate Division of the Supreme Court of the State of New York · 1916
- Sixta v. Ontonagon Valley Land Co.Wisconsin Supreme Court · 1912
- Société de Travaux & Industries Maritimes v. Ruby S. S. Corp.District Court, S.D. New York · 1920