Sanford v. McCreedy
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milwaukee County. Tbe defendant appealed from a judgment for plaintiff. Tbe case is stated in tbe opinion. contended tbat tbe plaintiff could not take judgment in bis favor individually, because tbe complaint avers tbat tbe note sued on was transferred to tbe deceased, Wbipple, in his life time, and came into plaintiff’s bands as administrator of tbe estate of said Wbipple, and tbat tbe amount due thereon was due to bim as sucb…
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APPEAL from tbe Circuit Court for Milwaukee County. Tbe defendant appealed from a judgment for plaintiff. Tbe case is stated in tbe opinion. contended tbat tbe plaintiff could not take judgment in bis favor individually, because tbe complaint avers tbat tbe note sued on was transferred to tbe deceased, Wbipple, in his life time, and came into plaintiff’s bands as administrator of tbe estate of said Wbipple, and tbat tbe amount due thereon was due to bim as sucb administrator. Till. & Shear. Pr., 84, and cases cited. 2. Tbat tbe judgment could not be sustained as one in favor of tbe…
1Opinion of the CourtLyoN, J.
Tbe action is upon a promissory note payable to Webster and Kimball or bearer. In tbe entitlingnof tbe summons and complaint, and also in tbe complaint, tbe plaintiff is described as tbe administrator of tbe estate of Jeremiab Whipple, deceased. Tbe complaint is otherwise in tbe usual form of complaints in actions upon promissory notes brought by tbe owners and holders thereof against tbe maters, except tbat it alleges tbat tbe note in suit “ was, before its maturity, and for a valuable consideration, duly transferred and delivered to tbe said Jeremiab Whipple, and tbe same came into tbe…
2Cases cited7 opinions
- Ogden v. GliddenWisconsin Supreme Court · 1859
- Bonner v. Home Insurance Co.Wisconsin Supreme Court · 1861
- Catlin v. HentonWisconsin Supreme Court · 1859
- Robinson v. ClandallNew York Supreme Court · 1832
- Felch v. LeeWisconsin Supreme Court · 1862
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- John R. Davis Lumber Co. v. Hartford Fire InsuranceWisconsin Supreme Court · 1897
- Ewen v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Willer v. BergenthalWisconsin Supreme Court · 1880
- Hayes v. FreyWisconsin Supreme Court · 1882
- Williamson v. NeevesWisconsin Supreme Court · 1897
10 more not listed; retrieve them via the Exa API.