Rogers v. Priest
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. The action was brought on a promissory note made by the defendants, as partners, in their firm name, to the plaintiff, for $105 and ten per cent, interest, dated July 10, 1877, and indorsed $10.50 paid thereon August 15,1878, and $10, Juty 5,1879. Also to recover certain moneys alleged to be held by the defendants in trust for the use of the plaintiff.
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APPEAL from the Circuit Court for Winnebago County. The action was brought on a promissory note made by the defendants, as partners, in their firm name, to the plaintiff, for $105 and ten per cent, interest, dated July 10, 1877, and indorsed $10.50 paid thereon August 15,1878, and $10, Juty 5,1879. Also to recover certain moneys alleged to be held by the defendants in trust for the use of the plaintiff. The action was commenced in 1884. The defendants interposed a counterclaim for services rendered by them for plaintiff, and for moneys paid to her. They also answered the statute of…
1Opinion of the CourtLyon, J.
The note described in the complaint was put in evidence, and the payment of the sums indorsed thereon *540at or about the date of the indorsements was duly proved. This takes the note out of the operation of the statute of limitations. It was claimed in the argument that one partner in a firm of attorneys has no implied authority to give a firm note. No doubt such is the general rule of law. Smith v. Sloan, 37 Wis. 285. But in this case the note was signed in the firm name by the appellant himself, and the plaintiff testified that she paid to him the money for which it was given. Under these…
2Cases cited1 opinion
- Smith v. SloanWisconsin Supreme Court · 1875
3Cited by3 opinions
- Hartford Elevator, Inc. v. LauerWisconsin Supreme Court · 1980
- Hinkley v. SagemillerWisconsin Supreme Court · 1927
- Arthur Koenig Co. v. Graham Glass Co.Wisconsin Supreme Court · 1920