Keller v. Ruppold
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wal-worth county: Feahtk M. Fish, Circuit Judge. This is an action to recover the amount due on a promissory note purported to he executed by the defendant September 12, 1898, for $137, and interest at eight per cent., payable January 1, 1899, at the express office in Delavan, Wisconsin, to the order of J. D. Flemming, and by him indorsed in blank before maturity, and delivered to the plaintiff, so indorsed, in the due course…
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Appeal from a judgment of the circuit court for Wal-worth county: Feahtk M. Fish, Circuit Judge. This is an action to recover the amount due on a promissory note purported to he executed by the defendant September 12, 1898, for $137, and interest at eight per cent., payable January 1, 1899, at the express office in Delavan, Wisconsin, to the order of J. D. Flemming, and by him indorsed in blank before maturity, and delivered to the plaintiff, so indorsed, in the due course of business and for a valuable consideration, before due and before the commencement of this action. The verified answer…
1Opinion of the Court
Cassoday, O. J.
The important question presented is whether such answers of the jury to the fifth and sixth questions of the special verdict are supported by the evidence. The only witness as to the circumstances under which the note was signed and delivered* is the defendant himself. According to the effect of 'his testimony, he and his wife were both illiterate, — could read and write but very little English, and could not understand the meaning of reading and writing when shown to them; that September 12, 1898, a Ger*638man stranger came to his house, claiming that he had a new kind of…
2Cases cited10 opinions
- Walker v. EbertWisconsin Supreme Court · 1871
- Whitney v. SnyderNew York Supreme Court · 1870
- Butler v. CarnsWisconsin Supreme Court · 1875
- Kellogg v. SteinerWisconsin Supreme Court · 1872
- Mitchell v. TomlinsonIndiana Supreme Court · 1883
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3Cited by7 opinions
- Arnd v. SjoblomWisconsin Supreme Court · 1907
- Brown v. FeldwertOregon Supreme Court · 1905
- Moore v. MayWisconsin Supreme Court · 1903
- Aukland v. ArnoldWisconsin Supreme Court · 1907
- Heineman v. Old National BankWisconsin Supreme Court · 1914
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