Ward v. Perrigo
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Jefferson County. The action is upon a promissory note in tbe following form. “ MARSHALL, Nov. 1, 1869. — On or before ninety days after date, for value received, I promise to pay to Widman & Co., or bearer, fifty dollars, with interest at ten per cent, after due, at Marshall [for two mills, remit as soon as sold']. M. A. Perrigo.”
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APPEAL from tbe Circuit Court for Jefferson County. The action is upon a promissory note in tbe following form. “ MARSHALL, Nov. 1, 1869. — On or before ninety days after date, for value received, I promise to pay to Widman & Co., or bearer, fifty dollars, with interest at ten per cent, after due, at Marshall [for two mills, remit as soon as sold']. M. A. Perrigo.” Tbe plaintiff is tbe real payee of tbe note, Widman & Co. never having had any interest therein, Tbe answer contains three defenses: 1st, a general denial; 2d, that the note was given for two fanning mills which were left by the…
1Opinion of the CourtLyon, J.
We are not prepared to say that the learned circuit judge was in error when he held that the words in the note, '■'■for two mills,' remit as soon as sold,” did not vary the contract of which the note is the evidence. Of course, the words “for tvjo mills ” show on what account, or for what, the note was given; but the remaining words, “remit as'soon as sold,” are quite unintelligible to us. The plaintiff testifies that they were inserted for the purpose of giving the defendant the right to pay the note before the expiration of ninety days. But when it is considered that the defendant had that…
2Cited by2 opinions
- Kirk v. Dodge County Mutual InsuranceWisconsin Supreme Court · 1875
- Woodward v. SmithWisconsin Supreme Court · 1899