Cowles v. McVickar
Wisconsin Supreme Court
This was an action of assumpsit, tried in the Circuit Court of Milwaukee county, brought by the plain, tiffs in error against the defendant in error as endorsor of two promissory notes for $250 each. The defendant pleaded the general issue, and in addition set up the defence of usury.
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This was an action of assumpsit, tried in the Circuit Court of Milwaukee county, brought by the plain, tiffs in error against the defendant in error as endorsor of two promissory notes for $250 each. The defendant pleaded the general issue, and in addition set up the defence of usury. On the trial it appeared that one Samuel Gardiner, Jr., on the first day of April, 1850, executed his two promissory notes to Benjamin McYickar, the defend, ant, which are as follows : $250 Milwaukee, April 1st, 1850. Nine months after date, I promise to pay Benjamin McYickar, or order, at Merrick & Townsend’s…
1Opinion of the Court
By the Ocnort,
Smith, J.
The charge of the Circuit Court, to which exceptions are taken, and which are alleged for error, sets forth clearly and fully the facts, disclosed by the bill of exceptions, and is as follows:
“This action is brought to recover the sum of $550 which the plaintiffs, Cowles and Russell, paid to the defendant, McVickar, for two promissory notes, and the collateral securities connected therewith. The right of action arises, if at all, upon the endorsement of the notes, made at the time of parting with them to the plaintiffs.
“The plaintiffs have produced the notes in…
2Cases cited1 opinion
- Maynard v. BeardsleyCourt for the Trial of Impeachments and Correction of Errors · 1831
3Cited by7 opinions
- Day v. ElmoreWisconsin Supreme Court · 1856
- O. A. Graybeal Co. v. CookCalifornia Court of Appeal · 1931
- Armstrong v. GibsonWisconsin Supreme Court · 1872
- Jewell v. ShermanWisconsin Supreme Court · 1891
- Rock County Bank v. WooliscroftWisconsin Supreme Court · 1862
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