Clancy v. McEnery
Wisconsin Supreme Court
ERROR to the Circuit Court for Rock County. The action in the circuit court was brought by McEnery against Olancy. The complaint alleged, in substance, that a note executed by A. Hall & Ca was, by mistake, made payable to McEnery, it being the intention of the parties that it should be made payable to Olancy; that upon discovery of the mistake, McEnery indorsed the note to Olancy, to enable the latter to collect it in his own name; that there was no consideration for said…
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ERROR to the Circuit Court for Rock County. The action in the circuit court was brought by McEnery against Olancy. The complaint alleged, in substance, that a note executed by A. Hall & Ca was, by mistake, made payable to McEnery, it being the intention of the parties that it should be made payable to Olancy; that upon discovery of the mistake, McEnery indorsed the note to Olancy, to enable the latter to collect it in his own name; that there was no consideration for said indorsement, and it was well understood be. tween the plaintiff and the defendant that the former “ did not indorse said…
1Opinion of the Court
By the Court,
Cole, J.
The counsel upon both sides agree upon the correctness of the proposition, “ that a person who takes a bill or note after it is due, takes it subject to all ob jections in respect to want of consideration or illegality, and all other objections and equities affecting the instrument itself, and to which it was liable in the hands of the person from whom he takes it.” It appears to me that this principle of law is entirely fatal to this action. For it is alleged, in substance, in the complaint, that McEnery indorsed the Hall note merely for the purpose of enabling Olancy to…
2Cases cited2 opinions
- Chandler v. CommonwealthCourt of Appeals of Kentucky · 1862
- Niles v. PorterIndiana Supreme Court · 1841
3Cited by3 opinions
- Kessinger v. WilsonSupreme Court of Arkansas · 1890
- Burgess v. Commercial National Bank of AppletonWisconsin Supreme Court · 1910
- First National Bank of Antigo v. LarsenWisconsin Supreme Court · 1911