Smith v. Carter
Wisconsin Supreme Court
APPEAL from the Circuit Cpurt for Winnebago County. On the 9th of May, 1867, darter and Hayden executed and delivered to one Cunningham, their joint note for $800, payable to said Cunningham or bearer one day after date, at the office of Jackson & Halsey; and on the same day Cunningham assigned and transferred the note to H. B. Jackson, Esq., of said last-named firm.
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APPEAL from the Circuit Cpurt for Winnebago County. On the 9th of May, 1867, darter and Hayden executed and delivered to one Cunningham, their joint note for $800, payable to said Cunningham or bearer one day after date, at the office of Jackson & Halsey; and on the same day Cunningham assigned and transferred the note to H. B. Jackson, Esq., of said last-named firm. On the next day, one Eckstein commenced an action on contract against Cunningham in the Winnebago circuit court, and garnished Mr. Jackson therein; and, after judgment against Cunningham, they also recovered a judgment against…
1Opinion of the Court
Dixon, O. J.
There was no error in receiving the evidence of the verbal agreement and- understanding of the parties at the time of the making of the note. The object was to show a partial or total failure of the consideration for the note'; and for that purpose the evidence was admissible. Peterson v. Johnson, 22 Wis. 21, was just such a case, and is decisive of the point.
The other objections are as to the set-off of the value of the three rafts alleged not to have been delivered to the defendants in error by Cunningham, in pursuance of his contract of sale, and as to the sum allowed the…
2Cases cited1 opinion
- Peterson v. JohnsonWisconsin Supreme Court · 1867
3Cited by4 opinions
- Farmers Savings Bank v. HansmannSupreme Court of Iowa · 1901
- Dickinson v. BurkeNorth Dakota Supreme Court · 1898
- Steckbauer v. LeykomWisconsin Supreme Court · 1907
- Smith v. CarterWisconsin Supreme Court · 1872