Willow River Lumber Co. v. Luger Furniture Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for St. Croix county: E. V. Helms, Circuit Judge. Plaintiff sold defendant a car load of lumber, amounting to §238.36, on sixty days’ -time. Soon after the account became due, defendant sent plaintiff a note of one Gf. A. Dols for $209.86, and a draft to balance the account. The note was held by plaintiff until it became due, but the maker failed to pay it. Thereupon plaintiff returned the note and brought suit for the balance due.
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Appeal from a judgment of the circuit court for St. Croix county: E. V. Helms, Circuit Judge. Plaintiff sold defendant a car load of lumber, amounting to §238.36, on sixty days’ -time. Soon after the account became due, defendant sent plaintiff a note of one Gf. A. Dols for $209.86, and a draft to balance the account. The note was held by plaintiff until it became due, but the maker failed to pay it. Thereupon plaintiff returned the note and brought suit for the balance due. Defendant answered, setting up the delivery and acceptance of the note in full payment of the account. The case was…
1Opinion of the CourtBardeen, J.
Upon the question of fact as to whether the findings are supported by the evidence, we have no hesitancy *638in saying that they are so supported. Indeed, it is difficult to see how the trial court could have come to any other conclusion than he did. The burden of proving that the note was received as payment of the account was upon the defendant. Ford v. Mitchell, 15 Wis. 304. This burden it failed to sustain, and the court very properly found for the plaintiff. As long ago as 1862 this court became committed to the principle that the acceptance by the creditor of the note of the debtor or of a…
2Cases cited11 opinions
- Matteson v. EllsworthWisconsin Supreme Court · 1873
- Paine v. VoorheesWisconsin Supreme Court · 1870
- Ford v. MitchellWisconsin Supreme Court · 1862
- Allis v. Meadow Spring Distilling Co.Wisconsin Supreme Court · 1886
- Aultman v. JettWisconsin Supreme Court · 1877
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. SchumacherWisconsin Supreme Court · 1988
- Wisconsin Trust Co. v. CousinsWisconsin Supreme Court · 1920
- T. W. Stevenson Co. v. PetersonWisconsin Supreme Court · 1916
- Crocker v. HuntzickerWisconsin Supreme Court · 1902
- Grubbe v. PierceWisconsin Supreme Court · 1914
5 more not listed; retrieve them via the Exa API.