Legal Opinion
Bank of Commerce v. PAINE, WEBBER, J. & C.
Wisconsin Supreme Court
Decided May 7, 1968No. 295PublishedCited by 22 opinions
1Opinion of the CourtBeilfuss, J.
The principal issue, as presented by the parties, is whether the maker of a negotiable instrument, a bank check, is foreclosed or estopped from asserting a defense against a holder not in due course when the maker has, prior thereto, obtained a judgment against the payee.
The appellant sets forth other issues: (1) That the trial court assumed the plaintiff is a holder in due course when admittedly the facts as to that issue are in dispute; (2) that the sole affidavit in support of the motion was made by one not in a position to know the facts; and (3) that plaintiff did not allege an…
2Cases cited22 opinions
- Friederichsen v. RenardSupreme Court of the United States · 1918
- National Transportation Co., Inc. v. ToquetSupreme Court of Connecticut · 1937
- Rowell v. SmithWisconsin Supreme Court · 1905
- Severson v. Milwaukee Automobile InsuranceWisconsin Supreme Court · 1953
- Crook v. First National Bank of BarabooWisconsin Supreme Court · 1892
17 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Olympia Hotels Corp. v. Johnson Wax Development Corp.Court of Appeals for the Seventh Circuit · 1990
- Hardscrabble Ski Area, Inc. v. First National Bank of Rice LakeWisconsin Supreme Court · 1969
- Wiebke v. Richardson & Sons, Inc.Wisconsin Supreme Court · 1978
- Shetney v. ShetneyWisconsin Supreme Court · 1970
- Head & Seemann, Inc. v. GreggCourt of Appeals of Wisconsin · 1981
17 more not listed; retrieve them via the Exa API.