Smith v. Ehnert
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waukesha County. The case is thus stated by Mr. Justice Tayeoe : “ This action is upon a promissory note, which is set out at length in the complaint, and purports to have been signed by the defendant, bearing date April 20, 1870, for the sum of $150, payable five months after date, to the plaintiff or bearer, with interest at the rate of ten per cent, per annum.
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APPEAL from the Circuit Court for Waukesha County. The case is thus stated by Mr. Justice Tayeoe : “ This action is upon a promissory note, which is set out at length in the complaint, and purports to have been signed by the defendant, bearing date April 20, 1870, for the sum of $150, payable five months after date, to the plaintiff or bearer, with interest at the rate of ten per cent, per annum. The plaintiff further alleges that he is the lawful holder and owner of the note so set forth, and that the defendant is justly indebted thereupon in the sum of $150, principal, together with…
1Opinion of the CourtTaylor, J.
Upon the pleadings in the case there were really but two issues to be tried — whether there was any consideration for the note, and whether the defendant’s signature had been obtained thereto by fraud or misrepresentation. And a third issue was made upon the production of the note in evidence on the trial; that is, whether the alteration appearing upon the face of the note was. made before it was signed by the defendant. The answer of the defendant did not specifically deny the signature to the note, and for the want of such denial the genuineness of the signature was not put in issue. *481It is…
2Cases cited5 opinions
- Hazleton v. Union Bank of ColumbusWisconsin Supreme Court · 1873
- State v. HomeyWisconsin Supreme Court · 1878
- Schwalm v. McIntyreWisconsin Supreme Court · 1863
- Pfeil v. HarboldtWisconsin Supreme Court · 1860
- Ela v. SpragueWisconsin Supreme Court · 1851
3Cited by3 opinions
- Brown v. TourtelotteSupreme Court of Colorado · 1897
- Nielson v. SchuckmanWisconsin Supreme Court · 1881
- Scheben v. Central Wisconsin Trust Co.Wisconsin Supreme Court · 1931