Bank of Monticello v. Dooly
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Green county: 33. E. DuNwiddie, Circuit Judge. Tbis is an action against tbe defendant Dooly and one Brisk upon a joint and several promissory note for $1,000, dated March 11, 1901, signed by one J. B. Sears (now deceased) and tbe defendant Prisk as makers, payable September 1, 1901, to tbe order of tbe' appellant Dooly, and indorsed in blank by Dooly.
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Appeal from a judgment of tbe circuit court for Green county: 33. E. DuNwiddie, Circuit Judge. Tbis is an action against tbe defendant Dooly and one Brisk upon a joint and several promissory note for $1,000, dated March 11, 1901, signed by one J. B. Sears (now deceased) and tbe defendant Prisk as makers, payable September 1, 1901, to tbe order of tbe' appellant Dooly, and indorsed in blank by Dooly. Tbe complaint is tbe ordinary complaint upon a promissory note against tbe maker and indorser. Tbe defendant Prisk answered separately, but does not appeal from tbe judgment; bence it is not…
1Opinion of the CourtWiNsnow, J.
The court was plainly right in directing a verdict for the plaintiff. The note was a negotiable note. When the plaintiff introduced it in evidence, it had made prima facie proof that it was given for value, and that every person whose signature appeared thereon had signed for value. Negotiable Instruments Law (Laws of 1899, ch. 356, sec. 1615 — 50). The defendant attempted to meet the case so made by showing that Dooly did not sign the note until after it had been purchased by the bank, and then that he received no consideration for his signature. But in attempting to make this proof, he…
2Cases cited1 opinion
- Rhodes v. WebbSupreme Court of Minnesota · 1877
3Cited by1 opinion
- Estate of McAskill v. McLeodWisconsin Supreme Court · 1934