Union & Planters' Bank of Memphis v. Jefferson
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Bane county: R. G-. Siebeckee, Circuit Judge. This is an action upon a draft drawn July 14,1893, by W. B. Pearson & Co., of Chicago, upon the defendant, Beverly Jefferson, for $1,200, payable to the plaintiff, and accepted by the defendant.
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Appeal from a judgment of the circuit court for Bane county: R. G-. Siebeckee, Circuit Judge. This is an action upon a draft drawn July 14,1893, by W. B. Pearson & Co., of Chicago, upon the defendant, Beverly Jefferson, for $1,200, payable to the plaintiff, and accepted by the defendant. The answer sets up three defenses: (1) Want of consideration; (2) that it was made under false and fraudulent representations on the part of the plaintiff; (3) that it was made under mutual mistake of fact. There was also a counterclaim seeking to recover $1,768.32, alleged to have been paid by the defendant…
1Opinion of the CourtWinslow, J.
The circuit court rightly directed a verdict for the plaintiff. No defense to the action was proven. Oertainly, no fraud on the part of the bank officials was proven. They simply shared in the belief which prevailed in the minds of the business men of Memphis who knew the deceased, including his attorney and intimate friends, that his estate was worth from $50,000 to $100,000 above all his debts. ' All the evidence tends to show that, had the Memphis property been sold at that time, it would have brought far more than enough to pay all debts, but that it declined greatly in value after the…
2Cited by6 opinions
- Hasler v. West India S. S. Co.Court of Appeals for the Second Circuit · 1914
- Mohn v. MohnSupreme Court of Iowa · 1917
- Onsrud v. PaulsenWisconsin Supreme Court · 1935
- Dairyman's State Bank v. DunhamAppellate Court of Illinois · 1933
- Duntley v. AndersonCourt of Appeals for the Eighth Circuit · 1909
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