Morgan v. Edwards
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dunn County. This action was founded upon the following instrument: “$96.85. Menominee, 'Wisconsin, March 15, 1880. “ On the first day of September, 1880, the subscribers, whose post-office address is Menominee, county of Dunn and state of Wisconsin, promise to pay E. *M. Birdsall & Co., or order, $96.85, for value received, with interest at ten per cent, per annum if paid when due; if not so paid, then the interest shall be ten per cent,…
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APPEAL from the Circuit Court for Dunn County. This action was founded upon the following instrument: “$96.85. Menominee, 'Wisconsin, March 15, 1880. “ On the first day of September, 1880, the subscribers, whose post-office address is Menominee, county of Dunn and state of Wisconsin, promise to pay E. *M. Birdsall & Co., or order, $96.85, for value received, with interest at ten per cent, per annum if paid when due; if not so paid, then the interest shall be ten per cent, per annum from date. We also agree to pay all expenses (including attorney’s fees) incurred in collecting, without any…
1Opinion of the CourtLyon, J.
The only question to be determined on this appeal is, whether the instrument in suit is a promissory note. If a note, it is negotiable, as a matter of course, because by its terms it is payable to the payees named therein or order.
Mr. Byles, in his treatise on Bills and Notes, defines a promissory note as being “ an absolute prornise in writing, signed but not sealed, to pay a specified sum at a time therein limited, or on demand, or at sight, to a person therein named or designated, or to his order, or to the bearer.” Page 11. Judge Story, in his commentaries on the Law of Promissory Notes,…
2Cases cited3 opinions
- Blake v. ColemanWisconsin Supreme Court · 1868
- Kirk v. Dodge County Mutual InsuranceWisconsin Supreme Court · 1875
- Leggett v. JonesWisconsin Supreme Court · 1859
3Cited by16 opinions
- Maryland Fertilizing & Manufacturing Co. v. NewmanCourt of Appeals of Maryland · 1883
- First National Bank v. LaughlinNorth Dakota Supreme Court · 1894
- Clark v. SkeenSupreme Court of Kansas · 1900
- Oppenheimer v. BankTennessee Supreme Court · 1896
- First National Bank of Stillwater v. LarsenWisconsin Supreme Court · 1884
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