Kilkelly v. Martin
Wisconsin Supreme Court
APPEAL from the Circuit Court for La Fayette County. This action was originally brought in a justice’s court, against Hall and. Martin, on a note purporting to have been executed by Hall, and by Martin as surety, payable six months after date to the plaintiff or his order. In making the note a printed form was used, which, after the specification of the principal sum, contained originally the following printed words: “ Interest'at ten per cent, per annum after due.
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APPEAL from the Circuit Court for La Fayette County. This action was originally brought in a justice’s court, against Hall and. Martin, on a note purporting to have been executed by Hall, and by Martin as surety, payable six months after date to the plaintiff or his order. In making the note a printed form was used, which, after the specification of the principal sum, contained originally the following printed words: “ Interest'at ten per cent, per annum after due. Value received but the words here printed in italics were struck out before the note was signed. When the note was produced in…
1Opinion of the CourtDixoN, C. J.
The words “ ten per cent, interest if not paid when due,” written, the first three of them in the last line of the printed form after the printed words “ value received,” and' *530before the signatures of the makers, and the residue of them below that line, clearly constituted a part of the note offered in evidence at the trial. The same words, if inserted before signing and with the assent of the makers, would have been considered a part of the contract, as much as if they had been written in the body of the note and entirely above the signatures of the makers. Warrington v. Early, 2 Ell. & Bl.,…
2Cases cited3 opinions
- Wait v. PomeroyMichigan Supreme Court · 1870
- Van Etta v. EvensonWisconsin Supreme Court · 1871
- King v. BushIllinois Supreme Court · 1864
3Cited by10 opinions
- Montgomery v. CrossthwaitSupreme Court of Alabama · 1890
- Harweger v. WilcoxWisconsin Supreme Court · 1962
- Morley-Murphy Co. v. Van VreedeWisconsin Supreme Court · 1936
- Hecht v. ShennersWisconsin Supreme Court · 1905
- Holyfield v. HarringtonSupreme Court of Kansas · 1911
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