Coon v. Seymour
Wisconsin Supreme Court
APPEAL from the Circuit Court for Eau Claire County. The following statement of the case was prepared by Mr. Justice Cassoday: It appears that July 1, 1864, the plaintiffs herein, A. L. <&> 8. E. Coon, made and delivered to S. L. Sheldon & Bro., the payees therein, two promissory notes, one for $100, due February 1, I860, and one for $60, due January 1, 1866, each with interest at seven percent., and accompanied by a warrant of attorney to confess judgment; that July Y,…
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APPEAL from the Circuit Court for Eau Claire County. The following statement of the case was prepared by Mr. Justice Cassoday: It appears that July 1, 1864, the plaintiffs herein, A. L. <&> 8. E. Coon, made and delivered to S. L. Sheldon & Bro., the payees therein, two promissory notes, one for $100, due February 1, I860, and one for $60, due January 1, 1866, each with interest at seven percent., and accompanied by a warrant of attorney to confess judgment; that July Y, 1868, the said notes having been assigned and transferred to the firm of Seymour, Morgan ds Allen, the defendants herein,…
1Opinion of the CourtCassoday, J.
This is a bill in equity brought in the circuit court for the county of Eau Claire. Its purpose is to cancel notes given, with warrants of attorney to confess judgment, more than twenty years prior to the commencement of this action, and to perpetually enjoin the collection of the judgment entered thereon. One of its objects is to make available as a defense to such judgment damages sustained by reason of an alleged warranty on the sale of the machinery for which the notes were given. Another object is to make available two alleged payments,— one before judgment and nearly twenty years before…
2Cases cited7 opinions
- Sullivan v. Portland & Kennebec RailroadSupreme Court of the United States · 1877
- Graham v. Boston, Hartford & Erie RailroadSupreme Court of the United States · 1886
- Orient Insurance Co. v. SloanWisconsin Supreme Court · 1888
- Sable v. MaloheyWisconsin Supreme Court · 1880
- Skinner v. DemingIndiana Supreme Court · 1851
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
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- Crowns v. Forest Land Co.Wisconsin Supreme Court · 1899
- Baxter v. National Mortgage Loan Co.Nebraska Supreme Court · 1935
- Stevinson v. San Joaquin & Kings River Canal & Irrigation Co.California Supreme Court · 1912
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