Stimson v. White
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaulcee County. Action on a promissory note. Judgment for the defendant ; and the plaintiff appealed. The case is stated in the opinion. cited Todd v. Lee, 15 Wis., 365, 381; Elliott v. Benily, 17 id., 591; 2 Story’s Eq. Jur., § 1387 ; Dillaye v. Parles, 31 Barb., 132. cited sec. 12, ch. 122, R. S. ; Elliott v. Benily, 17 Wis., 691.
1Opinion of the CourtCole, J.
We think the judgment in this case must be affirmed. It is an action at law to recover the amount due on a promissory note indorsed by the payee to the plaintiff. In the answer, among other matters, it is alleged that at the time of the transfer of the note by the payee to plaintiff, the plaintiff was a married woman, the wife of one Bailey Stimson, and that if the plaintiff purchased the note she did so with the money of her husband, and not with her own separate estate, and that she is not entitled to maintain an action thereon. It *563is an admitted fact in the case that the plaintiff did…
2Cases cited3 opinions
- Todd v. LeeWisconsin Supreme Court · 1862
- Dillaye v. ParksNew York Supreme Court · 1860
- Freeman v. OrserThe Superior Court of New York City · 1856
3Cited by5 opinions
- Horton v. DeweyWisconsin Supreme Court · 1881
- Dayton v. WalshWisconsin Supreme Court · 1879
- Carpenter v. TatroWisconsin Supreme Court · 1874
- Fisher v. ShelverWisconsin Supreme Court · 1881
- Avery v. DoaneDistrict Court, W.D. Wisconsin · 1854