City National Bank of Dayton v. Kusworm
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: E. G. Siebeckek, Circuit Judge. This action is to recover the amount of a promissory note made by the defendant, at Chicago, Illinois, November 2, 1892, wherein and whereby the defendant, on demand, for value received, promised to pay to the order of the plaintiff the sum of $4,900, at Chicago, with interest at the rate of six per cent, per annum after date; and to secure the payment of such note certain collateral…
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Appeal from a judgment of the circuit court for Dane county: E. G. Siebeckek, Circuit Judge. This action is to recover the amount of a promissory note made by the defendant, at Chicago, Illinois, November 2, 1892, wherein and whereby the defendant, on demand, for value received, promised to pay to the order of the plaintiff the sum of $4,900, at Chicago, with interest at the rate of six per cent, per annum after date; and to secure the payment of such note certain collateral security was thereby pledged by the defendant. The defendant answered by way of admissions and denials, and alleged, in…
1Opinion of the CourtCassoday, C. J.
This case was here upon a former appeal (88 Wis. 188, 26 L. R. A. 48) where the facts are more fully stated. On the trial which resulted in the judgment then here for review, the trial court held that, as the answer admitted the making of the note, the burden was on- the de*169fendant and she had the right to open and close the case: and so' it happened that the plaintiff offered no evidence at any stage of that trial. On the contrary, the court, at the close of the evidence on the part of the defendant, directed a verdict in favor of the plaintiff on the ground that, although there was evidence…
2Cases cited3 opinions
- Morse v. WoodworthMassachusetts Supreme Judicial Court · 1892
- City National Bank v. KuswormWisconsin Supreme Court · 1894
- Foerster v. SquierCity of New York Municipal Court · 1892
3Cited by16 opinions
- Galusha v. ShermanWisconsin Supreme Court · 1900
- Wolff v. BluhmWisconsin Supreme Court · 1897
- Neibuhr v. GageSupreme Court of Minnesota · 1906
- Mack v. PrangWisconsin Supreme Court · 1899
- Hodge v. WallaceWisconsin Supreme Court · 1906
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