Lamon v. French and Another
Wisconsin Supreme Court
APPEAL from the Circuit Court for Eau Olaire County. Action upon an acceptance by the defendants of a draft for $283.45, drawn upon them June 23, 1864, by one Fisk, in favor of the plaintiff.
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APPEAL from the Circuit Court for Eau Olaire County. Action upon an acceptance by the defendants of a draft for $283.45, drawn upon them June 23, 1864, by one Fisk, in favor of the plaintiff. The complaint avers that Fisk was 'then indebted to plaintiff to the amount of said draft, for labor on certain logs and lumber in Fisk’s possession; that defendants claimed to have a lien on the logs and lumber for supplies furnished Fisk ; that plaintiff also had a lien upon them for the debt so due him from Fisk, which lien he relinquished, and also his demand against Fisk, in consideration of…
1Opinion of the CourtPaine, J.
The acceptance on which this action was brought was conditional; and it is clearly one of that class of cases in which the court must be pnt in possession of the circumstances and situation of the parties, in order to know what it meant, and what the condition was. The bill was accepted, “payable when the lumber is run to market.” What lumber? Run to market by whom, and for whom? These are questions upon which the instrument throws no'light, and they can be solved only by learning the real situation of the parties, and then interpreting their language with reference to it.
This was assumed by…
2Cited by1 opinion
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