Legal Opinion

Corbett v. Clark

Wisconsin Supreme Court

Decided August 15, 1878PublishedCited by 9 opinions

APPEAL from tbe Circuit Court for Fond d%t Lao County. The defendants appealed from a judgment rendered against them. The instrument upon which the action was brought, and the facts relied on as a defense, will sufficiently appear from the opinion. They contended, among other things, 1. That the instrument in question was not negotiable: (1) Because it did not run to the order of any one, or to bearer. Gerard v. La Goste, 1 Dal., 194; 1 Am.

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APPEAL from tbe Circuit Court for Fond d%t Lao County. The defendants appealed from a judgment rendered against them. The instrument upon which the action was brought, and the facts relied on as a defense, will sufficiently appear from the opinion. They contended, among other things, 1. That the instrument in question was not negotiable: (1) Because it did not run to the order of any one, or to bearer. Gerard v. La Goste, 1 Dal., 194; 1 Am. L. C. (3d ed.), 321-2; Oa/rruth v. Walker, 8 Wis., 252. (2) Because it was a request to pay, not absolutely and in any event, but out of a particular fund…

1Opinion of the CourtOrton, J.

This action is brought by the payee, the respondent, against the drawees, the appellants, upon the following instrument:

“ G-reenbush, Wis., Sept. 20, 1875.
“ Mr. I. B. Clark & Co. — Please pay G. A. Gorbett one hundred and eighty-three dollars and 90-100, and take the same out of our share of the grain.”

On the same day, the drawees wrote upon the back of this *405order the words, “ Order accepted,’’ and signed tbe same, by tbeir firm name of “ Gla/rh <& Thorp.”

This acceptance in itself is unqualified and absolute, but of course it must be held to be subject to any qualifications or conditions, if…

2Cases cited10 opinions

  1. Atkinson v. ManksNew York Supreme Court · 1823
  2. Weston v. BarkerNew York Supreme Court · 1815
  3. Munger v. . ShannonNew York Court of Appeals · 1874
  4. Cook v. SatterleeNew York Supreme Court · 1826
  5. Gerard v. La CosteSupreme Court of the United States · 1787

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3Cited by9 opinions

  1. First National Bank v. LightnerSupreme Court of Kansas · 1906
  2. Cabrera v. Thannhauser & Co.California Supreme Court · 1920
  3. First National Bank v. SullivanWashington Supreme Court · 1911
  4. Whitney v. Eliot National BankMassachusetts Supreme Judicial Court · 1884
  5. J. E. Smith & Co. v. W. M. Hurlburt Co.Supreme Court of Connecticut · 1919

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