Hamilton v. Prouty
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Action upon a promissory note. The case is thus stated by Mr. Justice Cassoday: “ January 19, 1877, the defendant Crossman executed the note in suit, dated on that day, wherein he promised to pay, one month after the date thereof, to the order of the respondents, Prouty and le Fevre, at the appellant’s office in Pond du Lac, $500, with interest at ten cent, per annum until paid; and the said Prouty and Le Fevre thereupon…
Read the full summary
APPEAL from the Circuit Court for Winnebago County. Action upon a promissory note. The case is thus stated by Mr. Justice Cassoday: “ January 19, 1877, the defendant Crossman executed the note in suit, dated on that day, wherein he promised to pay, one month after the date thereof, to the order of the respondents, Prouty and le Fevre, at the appellant’s office in Pond du Lac, $500, with interest at ten cent, per annum until paid; and the said Prouty and Le Fevre thereupon indorsed the same, and it was then, for value received, delivered to the plaintiff, Hamilton. Not being paid at maturity,…
1Opinion of the CourtCassoday, J.
The question whether the agreement between Hamilton and Grossman for the extension was with the knowledge and acquiescence of Prouty, was one of fact for the jury. Prouty testified that it was not, and the jury found with him, and that must be regarded as conclusive.
The testimony shows that the first agreement for an extension made by Hamilton and Crossman was for twenty or *594thirty days; and it is urged that this was too indefinite to operate as a discharge of the indorsers. We are of the opinion, however, that the period must be regarded as definite for at least twenty days, and there are…
2Cases cited15 opinions
- Wood v. LakeWisconsin Supreme Court · 1860
- Vilas & Bacon v. Jones & PiercyNew York Court of Appeals · 1848
- Myers v. First National BankIllinois Supreme Court · 1875
- Bensley v. HomierWisconsin Supreme Court · 1877
- Riley v. GreggWisconsin Supreme Court · 1863
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Fanning v. MurphyWisconsin Supreme Court · 1906
- Lemmon v. WhitmanIndiana Supreme Court · 1881
- Farmers Co-Operative Fertilizer Co. v. EasonSupreme Court of North Carolina · 1927
- Alexander v. Capitol Lumber Co.Indiana Supreme Court · 1914
- Dillaway v. PetersonSouth Dakota Supreme Court · 1898
4 more not listed; retrieve them via the Exa API.