Milwaukee Trust Co. v. Warren
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wauke-sha county: Jakes J. Dice, Circuit Judge. The plaintiff brings this action as administrator of the estate of A. L. Kane, deceased, to recover on a promissory note, dated April 9,1895, for $926, due in one year, with six per cent, interest. The answer admitted the execution of the note and alleged payment.
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Appeal from a judgment of the circuit court for Wauke-sha county: Jakes J. Dice, Circuit Judge. The plaintiff brings this action as administrator of the estate of A. L. Kane, deceased, to recover on a promissory note, dated April 9,1895, for $926, due in one year, with six per cent, interest. The answer admitted the execution of the note and alleged payment. The court found that prior to the death of Mr. Kane the defendant fully settled and paid said note, and that defendant failed to take it up because she had forgotten that she had ever given it. Exceptions were duly filed to the findings,…
1Opinion of the Court
The following opinion was filed November 5, 1901:
Bardeen, J.
The only question raised on this appeal is whether there was any competent or sufficient evidence to warrant a finding that the note in question had been paid. It was admitted by the answer that plaintiff’s intestate was dead. Under the statute (sec. 4069, Stats. 1898), the defendant was an incompetent witness to testify that she paid the note to the deceased. On the trial the defendant was asked the following question by her counsel: “I ask you whether or not that note has been paid or otherwise.” The objection was made,that she was…
2Cases cited4 opinions
- Brader v. BraderWisconsin Supreme Court · 1901
- Daniels v. FosterWisconsin Supreme Court · 1870
- Wollman v. RuehleWisconsin Supreme Court · 1899
- Sawyer v. ChoateWisconsin Supreme Court · 1896
3Cited by4 opinions
- Rupp v. Travelers Indemnity Co.Wisconsin Supreme Court · 1962
- Johnson v. MielkeWisconsin Supreme Court · 1970
- Bazelon v. LyonWisconsin Supreme Court · 1906
- Smith v. Milwaukee & Suburban Transport Corp.Wisconsin Supreme Court · 1967