Bank of Commerce of West Superior v. Ross
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Douglas county: E. D. Marshall, Circuit Judge. This action was for the recovery of the sum of $4,000 and interest at ten per cent, per annum from January 9, 1892, for which the defendant Charles Lagro had given the plaintiff his promissory note October 10, 1891, and upon the several guaranty of payment of the same, waiving demand and notice of nonpayment, of the defendants Franh A. Ross and H. 0. Walseth.
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Appeal from a judgment of the circuit court for Douglas county: E. D. Marshall, Circuit Judge. This action was for the recovery of the sum of $4,000 and interest at ten per cent, per annum from January 9, 1892, for which the defendant Charles Lagro had given the plaintiff his promissory note October 10, 1891, and upon the several guaranty of payment of the same, waiving demand and notice of nonpayment, of the defendants Franh A. Ross and H. 0. Walseth. The defendant Lagro did not answer. The defendants Ross and Walseth answered separately, among other things, in substance, that at the time…
1Opinion of the CourtPiNNey, J.
Tbe case was submitted to tbe jury, as tbe record shows, upon a charge quite favorable to tbe plaintiff,, and it is evident, upon a perusal of tbe testimony, that, although tbe burden of proof was on tbe defendants, there was sufficient evidence to go to the. jury to support tbe de-. fense and to sustain tbe verdict. There was evidence upon both sides of tbe question, and it was clearly a question for the jury to say, in arriving at a verdict, to what weight the evidence was entitled. Under such circumstances it was for tbe circuit court to say whether tbe verdict was so clearly against tbe…
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