Rock River Bank v. Sherwood
Wisconsin Supreme Court
APPEAL FROM CIRCUIT COURT, ROCK COUNTS. This was an action brought by the Rock River Bank to recover the amount of a note made by M. W. Sherwood.
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APPEAL FROM CIRCUIT COURT, ROCK COUNTS. This was an action brought by the Rock River Bank to recover the amount of a note made by M. W. Sherwood. The complaint alleged that on the 1st day of January, 1858, Sherwood, for value received, made, executed and delivered to Jackson J. Bushnell, the promissory note, and thereby promised to pay to the order of Bushnell, at the Rock River Bank, the sum of two hundred dollars in forty days from the date, with 12 per cent, interest, after due; and that the note was owned by the bank, &c. The answer admitted the making and delivery of the note, and…
1Opinion of the Court
By the Court,
Cobb, J.
We should probably be refining too much upon the real nature of the transaction mentioned in the pleadings in this case, were we to hold that the note in question, was not in fact given by the appellant for a loan of money by the bank to him. It appears from the facts in the case, that Sherwood had been doing business with the bank, and had overdrawn his account, and that upon a settlement between him and the bank, he gave his note for such indebtedness, which note was made payable forty-five days from date with interest at the rate of 12 per cent, per annum after due.…
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- New York Firemen Insurance v. ElyNew York Supreme Court · 1824
- Madison, Watertown & Milwaukee Plank Road Co. v. Watertown & Portland Plank Road Co.Wisconsin Supreme Court · 1859
- Philadelphia Loan Co. v. TownerSupreme Court of Connecticut · 1839
- Orr v. LaceyMichigan Supreme Court · 1846
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3Cited by18 opinions
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- Gross v. CoffeySupreme Court of Alabama · 1895
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