Phœnix Insurance Co. v. Sholes
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Action on two promissory notes made by defendants March 25, 1859, for $400 and. $1,000 respectively, payable to S. M. Booth or order, and alleged to have been indorsed and delivered by Booth to the plaintiff. Defense, that the notes were not the property of the plaintiff, but of one Bacon. The plaintiff put in evidence the notes and indorsement, and rested.
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APPEAL from the Circuit Court for Milwaukee County. Action on two promissory notes made by defendants March 25, 1859, for $400 and. $1,000 respectively, payable to S. M. Booth or order, and alleged to have been indorsed and delivered by Booth to the plaintiff. Defense, that the notes were not the property of the plaintiff, but of one Bacon. The plaintiff put in evidence the notes and indorsement, and rested. S. M. Booth, for defendants, testified that he wrote to the plaintiff about May 10th, 1850, enclosing said notes. On showing notice to plaintiff's attorneys to produce the letter, which…
1Opinion of the CourtDowner, J.
The court below erred in not requiring the witness Booth to answer the questions put to him to prove that he had an interest in the notes on which the suit was brought, and what that interest was. Section 50, ch. 137, R. S., provides that such interest may be shown for the purpose of affecting the credii of the witness. The counsel for the appellant also assigns for error, that the circuit court erred in giving the following instruction: “ That as it appeared from the testimony of Booth that he sent the two notes in suit to the plaintiff in a letter with a request that the plaintiff should…
2Cited by6 opinions
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