Jones v. Heiliger
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Action for the amount of a check drawn by the defendant on the Bank of Madison, for $80, in part payment of a note held by the plaintiff against the defendant, and also to recover $34.34 due the plaintiff on account.
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APPEAL from the Circuit Court for Dane County. Action for the amount of a check drawn by the defendant on the Bank of Madison, for $80, in part payment of a note held by the plaintiff against the defendant, and also to recover $34.34 due the plaintiff on account. Answer, a general denial, and that the check, after having been certified at plaintiff’s request, by the bank on which it was drawn, was taken by him, with a small sum in money, in full payment and discharge of the note, without any further liability of the defendant. The answer also alleged a tender of the amount of the account, and…
1Opinion of the CourtRyan, C. J.
We are unable to agree with the learned-judge of the circuit court in his finding, that the appellant took the respondent’s check on the Bank of Madison at the appellant’s risk and without recourse to the respondent. We need not consider the question, whether a parol agreement at the time the check was given, was admissible to control the legal liability of the drawer to the holder of the check (Addison on Con., 158; Edwards on Bills, 147, 313), because no such agreement appears to have been made. There is no proof tending to show such an agreement. It may be inferred, indeed, that the…
2Cited by3 opinions
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