Somervail v. Gillies
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Fond du Lac County. Action by an executrix to recover tbe balance due upon a promissory note given to her testator, after deducting certain payments indorsed thereon.
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APPEAL from tbe Circuit Court for Fond du Lac County. Action by an executrix to recover tbe balance due upon a promissory note given to her testator, after deducting certain payments indorsed thereon. The answer admits tbe making of tbe note, and tbe payments indorsed as stated in tbe complaint, but denies all the other allegations therein contained, and, fora further axlswer, alleges that “tbe defendant made a full payment of said promissory note ” to the payee in his lifetime. At tbe trial defendant objected to the introduction of any evidence under the complaint, upon the grounds that it…
1Opinion of the Court
Dixosr, O. J.
This case, so far as the decision depends upon presumptions arising from the facts proved, is one where the presumptions conflict and run directly counter to each other. The presumption of payment, arising from the maker’s having paid or delivered money to the payee of the noté, is encorm-tered by the opposite presumption, arising from the note remaining in the hands of the payee or his legal representative, uncancelled and with no receipts of the alleged payments endorsed. The mere fact of the payment by one person to another is presumptive evidence of the payment of an…
2Cited by10 opinions
- Perot v. CooperSupreme Court of Colorado · 1891
- Light v. StevensCalifornia Supreme Court · 1911
- Bromwell v. Estate of BromwellIllinois Supreme Court · 1891
- Plummer v. ParkNebraska Supreme Court · 1901
- Lynch v. LyonsAppellate Division of the Supreme Court of the State of New York · 1909
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