Smith v. Lockwood
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. This action is upon a promissory note dated September 1, 1883, made by the defendants, for $648.26, payable to the order of D. M. Osborne & Co. at the Eirst National Bank of Beaver Dam, with interest. The note became due, by its terms, November 1, 1884. Three hundred dollars is indorsed thereon under date of November 3, 1884. The payee of the note is a corporation of New York and Illinois.
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APPEAL from the Circuit Court for Dodge County. This action is upon a promissory note dated September 1, 1883, made by the defendants, for $648.26, payable to the order of D. M. Osborne & Co. at the Eirst National Bank of Beaver Dam, with interest. The note became due, by its terms, November 1, 1884. Three hundred dollars is indorsed thereon under date of November 3, 1884. The payee of the note is a corporation of New York and Illinois. It is alleged that the note was indorsed in blank by the payee and transferred to the plaintiff, for a valuable consideration, October 25, 1884. The note was…
1Opinion of the CourtLtow, J.
The testimony is ample to support the finding of the court to the effect that the note in suit was given by defendants to cover the amount of certain customers’ notes received for machinery, etc., which the agent of the D. M. Osborne & Oo. corporation falsely represented were unpaid, and which defendants believed were unpaid, when in fact such notes had theretofore been, fully paid, and the defendant Aaron Loel&wood was not then indebted to such corporation in any sum whatever, all which the agents making such representations well knew. Indeed,, the learned counsel for plaintiff scarcely…
2Cited by1 opinion
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