Corbett v. Clark
Wisconsin Supreme Court
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
- Atkinson v. ManksNew York Supreme Court · 1823
- Weston v. BarkerNew York Supreme Court · 1815
- Munger v. . ShannonNew York Court of Appeals · 1874
- Cook v. SatterleeNew York Supreme Court · 1826
- Gerard v. La CosteSupreme Court of the United States · 1787
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- First National Bank v. LightnerSupreme Court of Kansas · 1906
- Cabrera v. Thannhauser & Co.California Supreme Court · 1920
- First National Bank v. SullivanWashington Supreme Court · 1911
- Whitney v. Eliot National BankMassachusetts Supreme Judicial Court · 1884
- J. E. Smith & Co. v. W. M. Hurlburt Co.Supreme Court of Connecticut · 1919
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