Folger v. Dousman
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Bode County. Action upon a promissory note made by tbe defendant, payable to the order of Robert Patten, dated June 8, 1865, and transferred by the payee, after maturity, to the plaintiff, in payment of a debt due from such payee to the plaintiff’s testator.
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APPEAL from tbe Circuit Court for Bode County. Action upon a promissory note made by tbe defendant, payable to the order of Robert Patten, dated June 8, 1865, and transferred by the payee, after maturity, to the plaintiff, in payment of a debt due from such payee to the plaintiff’s testator. In 1859 Patten recovered a judgment for over $12,000 against the St. Croix & Lake Superior Railroad Company; and, when the note was given, he. had pending an action in equity, commenced by creditor’s bill, against the railroad company, the present defendant and others. One of the objects sought to be…
1Opinion of the CourtLyoN, J.
The note in suit was transferred by the payee after maturity, and of course is subject to the same defenses in the hands of the plaintiff, which might have been made to it had the payee retained it and brought an action upon it.
There is some conflict in the testimony concerning the agreement which the circuit court found was made between the defendant and the payee at the time the note was given; but we think the finding in that behalf is supported by a clear preponderance of evidence.
That agreement was proved for the purpose of showing a failure of the consideration for which the note was…
2Cases cited1 opinion
- Jones v. KeyesWisconsin Supreme Court · 1863
3Cited by1 opinion
- Woodward v. SmithWisconsin Supreme Court · 1899