Walsh v. Blatchley
Wisconsin Supreme Court
APPEAL PROM THE MARQUETTE CIRCUIT COURT. The plaintiff declared in trespass on the case upon promises, for money lent; money laid out and expended; money paid, and received by the defendants for the use of the plaintiff, &c.; and gave notice of the cause of action, the endorsement by defendants, upon the bill of exchange, copied, and served with the declaration as follows: “ Express Exchange Office, “ Adams & Oo. “ Downieville, San Francisco.
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APPEAL PROM THE MARQUETTE CIRCUIT COURT. The plaintiff declared in trespass on the case upon promises, for money lent; money laid out and expended; money paid, and received by the defendants for the use of the plaintiff, &c.; and gave notice of the cause of action, the endorsement by defendants, upon the bill of exchange, copied, and served with the declaration as follows: “ Express Exchange Office, “ Adams & Oo. “ Downieville, San Francisco. “ Exchange for $250. Oct. 6, 1854. • “No. 9,917.” “ At sight of this 2d of exchange, — first and third unpaid — ■ “ pay to the order of Phoebe…
1Opinion of the Court
By the Oowt,
Cole, J.
This case was tried by the court without the intervention of a jury, and the judge found the following facts:
*424First, That tlie action is brought upon the Bill of Exchange introduced in evidence, and described in the plaintiff’s declaration. That this bill, which is the second of the set, was endorsed by the defendants on a Sunday.
Second, That the first of the set was sold by defendants to plaintiff about the 1st of January, 1855. That the plaintiff without delay, sent the same by mail to his correspondent in New York city, the residence of the drawee, for presentation for…
2Cases cited2 opinions
- Downes & Co. v. ChurchSupreme Court of the United States · 1839
- Wells v. WhiteheadNew York Supreme Court · 1836
3Cited by2 opinions
- Clarke v. Lincoln Lumber Co.Wisconsin Supreme Court · 1884
- Consolidated Aluminum Corp. v. Bank of VirginiaDistrict Court, D. Maryland · 1982