Smith v. Hill
Wisconsin Supreme Court
appeal PROM Milwaukee county court. The object of this action was to recover the amount of a certain promissory note, made by the defendant, Power, on the 24th day of May, 1856, for $600, and payable in sixty days after date, to, and indorsed by, the defendants, Hill.
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appeal PROM Milwaukee county court. The object of this action was to recover the amount of a certain promissory note, made by the defendant, Power, on the 24th day of May, 1856, for $600, and payable in sixty days after date, to, and indorsed by, the defendants, Hill. The complaint alleged the making of the note by Ike defendant, Power, and the indorsement thereof by the defendants, Hill, as co-partners, to the plaintiff — demand and protest, that due notice of the non-payment was given to the defendants, Hill, and demanded judgment against the defendants for amount and interest. The…
1Opinion of the Court
By the Oowrt,
SMITH, J.
We do not see how the plaintiff can recover on the case made. The defendants were endorsers, and were entitled to notice of dishonor of the note. Such notice was attempted to be proved by the notary. But if we take the evidence of the notice sent through the post-office, that will be found insufficient to sustain the plaintiff’s action, because a notice through the post-office when the parties resided in town within two miles was not legal. If we recur to the notice served by the notary at the ware-house of the defendant, we are left wholly in the dark as to the…
2Cases cited2 opinions
- Brewster v. ArnoldWisconsin Supreme Court · 1853
- Sumner v. BowenWisconsin Supreme Court · 1853
3Cited by1 opinion
- Duckert v. Von LileinthalWisconsin Supreme Court · 1860