Frame v. Attermeier
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. The following are the main facts in the case so far as they relate to questions presented by this appeal.
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Appeal from a judgment of the circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. The following are the main facts in the case so far as they relate to questions presented by this appeal. Further facts will be stated in the opinion, where they are discussed: One Richard Weaver was the owner of sis promissory notes executed by the firm of William Gerlach & Company, aggregating $15,744.34. In 1905 the firm was adjudged a bank-, rupt, and Weaver’s claim filed against the estate in the bankrupt court was allowed at the amount stated. On or about the 27th day of February, 1906,…
1Opinion of the CourtViuje, J.
The court properly received evidence of the negotiations leading up to the making of the written agreement for the purpose of showing the consideration paid by the defendant Attermeier for the assignment to him of the notes. The assignment recited that it was made in consideration of “one dollar and other good and valuable considerations.” It was therefore competent to show by parol what the other good and valuable considerations were. Such evidence did not tend to vary or contradict the written instrument, but only to explain it. Klueter v. Jos. Schlitz B. Co. 143 Wis. 347, 128 N. W. 43.
The…
2Cases cited5 opinions
- Klueter v. Joseph Schlitz Brewing Co.Wisconsin Supreme Court · 1910
- Dickas v. BarnesCourt of Appeals for the Sixth Circuit · 1905
- Bowen v. ChapmanCourt of Appeals for the Seventh Circuit · 1906
- Euclid Nat. Bank v. Union Trust & Deposit Co.Court of Appeals for the Fourth Circuit · 1906
- In re HendersonDistrict Court, N.D. West Virginia · 1906
3Cited by2 opinions
- Tooley v. ParkerCalifornia Court of Appeal · 1942
- Borchert v. Skidmore Land Co.Wisconsin Supreme Court · 1919