Legal Opinion

Studebaker Bros. Manufacturing Co. v. Langson

Wisconsin Supreme Court

Decided January 8, 1895PublishedCited by 7 opinions

Appeal from a judgment of the superior court of Milwaukee county: J. C. Ludwig, Judge. Tbe action is brought to recover the balance due upon a promissory note executed to the plaintiff by the defendant Rufus K. Langson, and payment guarantied by W.' J. Lang-son, for $103.80, on which there was an indorsement of $37.75. The answer was a general denial; also, the defence-that the note had been .procured from the defendants, through fraud and misrepresentations, and wholly…

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Appeal from a judgment of the superior court of Milwaukee county: J. C. Ludwig, Judge. Tbe action is brought to recover the balance due upon a promissory note executed to the plaintiff by the defendant Rufus K. Langson, and payment guarantied by W.' J. Lang-son, for $103.80, on which there was an indorsement of $37.75. The answer was a general denial; also, the defence-that the note had been .procured from the defendants, through fraud and misrepresentations, and wholly without, consideration. It appears by the evidence that in February, 1891, the-defendant Rufus K. Langson was indebted to…

1Opinion of the Court

NewmaN, J,

The plaintiff introduced the note described in the complaint in evidence, and rested. The defendants thereupon moved the court to direct a verdict for the defendants, on the ground that the plaintiff had not “ shown that' this note was payable and had not been paid in full.” The court refused to direct a verdict for the defendants. 'This is the defendants’ first alleged error. It was no error. The note, on its face, showed that it had been signed by the defendants (R. S. sec. 4192; Neilson v. Schuckman, 53 Wis. 638), and had become due and payable, and its production by the…

2Cases cited2 opinions

  1. Knapp v. RunalsWisconsin Supreme Court · 1875
  2. Nielson v. SchuckmanWisconsin Supreme Court · 1881

3Cited by7 opinions

  1. Sheldon v. BlackmanWisconsin Supreme Court · 1925
  2. Kuenster v. WoodhouseWisconsin Supreme Court · 1898
  3. National Exchange Bank v. LubranoSupreme Court of Rhode Island · 1908
  4. Olson v. DaySouth Dakota Supreme Court · 1909
  5. John O'Brief Lumber Co. v. WilkinsonWisconsin Supreme Court · 1904

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