Thomas Ludlow & Rodgers v. Berry
Wisconsin Supreme Court
APPEAL from the Circuit Court for /Sheboygan County. Action upon a promissory note. The plaintiff is a corporation. The answer of the defendant Wheeler alleges “ that he never made or joined in the making of the note mentioned in said complaint; that if the name of this defendant appears upon said promissory note as maker or indorser, either or both, the said signature is a forgery.” Upon the trial the plaintiff introduced the note in evidence, and rested.
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APPEAL from the Circuit Court for /Sheboygan County. Action upon a promissory note. The plaintiff is a corporation. The answer of the defendant Wheeler alleges “ that he never made or joined in the making of the note mentioned in said complaint; that if the name of this defendant appears upon said promissory note as maker or indorser, either or both, the said signature is a forgery.” Upon the trial the plaintiff introduced the note in evidence, and rested. The defendant Wheeler moved that the action be dismissed as to him, for the reason that the plaintiff had not attempted to prove his…
1Opinion of the CourtCole, C. J.
The simple question in this case is, Did the defendant Wheeler specifically deny, in his answer, his signature to the note in suit, so as to put that fact in issue? The note, as described in the complaint, purported to be a,' joint and several promissory note made and executed by Wheeler and one Berry. Wheeler put in a verified answer," in which he alleged, in substance, that he never made or joined in the making of the note in question, and that if his name appeared upon the note, either as maker or indorser, or both, the said signature was a forgery. "We are inclined to hold that this was a…
2Cases cited2 opinions
- Snyder v. Van DorenWisconsin Supreme Court · 1879
- Nielson v. SchuckmanWisconsin Supreme Court · 1881
3Cited by2 opinions
- Ellis v. HofWisconsin Supreme Court · 1904
- Wiesner v. KosiedowskiWisconsin Supreme Court · 1924