Paulson v. Boyd
Wisconsin Supreme Court
Appsal from a judgment of the circuit court for Ash-land county: John K. Parish, Circuit Judge. This is an action upon a promissory note by the receivers of the Security Savings Bank, incorporated, against the mater of the note and the former owner of the note as in-dorser. L. T. Boyd is the maker of the note and J. S. Ellis is the payee and indorser.
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Appsal from a judgment of the circuit court for Ash-land county: John K. Parish, Circuit Judge. This is an action upon a promissory note by the receivers of the Security Savings Bank, incorporated, against the mater of the note and the former owner of the note as in-dorser. L. T. Boyd is the maker of the note and J. S. Ellis is the payee and indorser. It appears from the evidence of Boyd and Ellis that the note was given to Ellis by Boyd as a part of a transaction concerning the sale of some mining-stock. Boyd was to give his note to Ellis for $2,500, the purchase price of the stock. The…
1DissentTimxikt, J.
With that part of the decision holding that the plaintiffs toot the note in question subject to all defenses available by the mater against Ellis and which would go to defeat the instrument I am in accord. But I consider it a serious menace to commercial paper and in breach of the rule of law, hitherto well upheld in this state, which forbids the reception of parol evidence to vary or contradict a written contract, to admit for the purpose of defeating the note the defense here pleaded and .attempted to be proved by the testimony of the defendant Boyd. There is no doubt about the rule of law…
2Cases cited8 opinions
- Burke v. DulaneySupreme Court of the United States · 1894
- Hodge v. SmithWisconsin Supreme Court · 1907
- Hubbard v. MarshallWisconsin Supreme Court · 1880
- Perry v. BigelowMassachusetts Supreme Judicial Court · 1880
- Vohland v. GelhaarWisconsin Supreme Court · 1908
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