Grace v. Lynch
Wisconsin Supreme Court
APPEAL from the Circuit Court for Iowa County. Action upon a promissory noté for $200 executed by the defendants on April 25,1887, and payable to one Ole Kit-tleson, one year after date, with interest at eight per cent. Indorsements upon the note were as follows: “ April 25, 1888, $16.00; April 25, 1889, $16.00; Pay to the.order of John F. Grace. Ole Kittleson.”
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APPEAL from the Circuit Court for Iowa County. Action upon a promissory noté for $200 executed by the defendants on April 25,1887, and payable to one Ole Kit-tleson, one year after date, with interest at eight per cent. Indorsements upon the note were as follows: “ April 25, 1888, $16.00; April 25, 1889, $16.00; Pay to the.order of John F. Grace. Ole Kittleson.” The plaintiff testified that the note was assigned to" him in February, 1890. The action was commenced in March, 1890. The defense set up in the answer was that on April 25, 1888, one Anderson, acting as the agent of the payee,…
1Opinion of the CourtConn, C. J.
The power of the agent, Anderson, to make an agreement to extend the time for the payment of the note in question does not seem to have been seriously .litigated in the court below. In the charge of the learned circuit judge it is assumed that he had authority to make such a contract on behalf of his principal, and the question submitted was whether he irL fact did make such an agreement.
These facts were not controverted, or rather are so clearly established by the evidence that we deem them true, namely: That Anderson was intrusted with the money, and caused the loan to be made for…
2Cases cited3 opinions
- Daniels v. FosterWisconsin Supreme Court · 1870
- Jilson v. GilbertWisconsin Supreme Court · 1870
- Washburn v. DoschWisconsin Supreme Court · 1887
3Cited by11 opinions
- Braasch v. BondeWisconsin Supreme Court · 1926
- Kendall v. GarneauNebraska Supreme Court · 1898
- Kearby v. HopkinsCourt of Appeals of Texas · 1896
- Fisher v. StevensSupreme Court of Missouri · 1898
- McCoun v. ShipmanIndiana Court of Appeals · 1920
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