Case v. Beyer
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: OeeeN T. Williams, Circuit Judge. This action was brought by the plaintiff against the defendants to recover upon a promissory note executed by defendants, payable to thé order of one Andrew D. Agnew, for $425, On the back of the note appears the following: “I hereby guarantee the collection of the within note. Andrew D. Agnew.” “Nor Collection. Spencer L. Case.”
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Appeal from a judgment of the circuit court for Milwaukee county: OeeeN T. Williams, Circuit Judge. This action was brought by the plaintiff against the defendants to recover upon a promissory note executed by defendants, payable to thé order of one Andrew D. Agnew, for $425, On the back of the note appears the following: “I hereby guarantee the collection of the within note. Andrew D. Agnew.” “Nor Collection. Spencer L. Case.” The defendants answered severally, admitting the execution and delivery of the note, but denying that the plaintiff was the owner and holder thereof, and further…
1Opinion of the CourtXeRWOT, J.
The question arises in this court whether upon the findings of the jury and the undisputed evidence the plaintiff was entitled to judgment below. No finding of the jury is necessary upon undisputed facts. It is only material controverted facts which need be submitted to the jury. Kerkhof v. Atlas P. Co. 68 Wis. 674, 32 N. W. 766; Howard v. Beldenville L. Co. 129 Wis. 98, 111, 108 N. W. 48; Hutchinson v. C. & N. W. R. Co. 41 Wis. 541, 553; Ault v. Wheeler & W. Mfg. Co. 54 Wis. 300, 11 N. W. 545; Berg v. C., M. & St. P. R. Co. 50 Wis. 419, 7 N. W. 347. The fact that the title to the note sued…
2Cases cited15 opinions
- Williams v. Bank of the United StatesSupreme Court of the United States · 1829
- Hutchinson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877
- Howard v. Beldenville Lumber Co.Wisconsin Supreme Court · 1906
- Williston v. PerkinsCalifornia Supreme Court · 1876
- Berg v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1880
10 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
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- Householder v. NispelNebraska Supreme Court · 1923
- Rustles v. ChristensenWisconsin Supreme Court · 1932
- Donahue v. GunterWisconsin Supreme Court · 1910
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