Legal Opinion

Butler v. Carns

Wisconsin Supreme Court

Decided January 15, 1875PublishedCited by 13 opinions

APPEAL from tbe Circuit Court for Grant County. Action upon a promissory note in the following form: “ $200. Ssielseb, May 4, 1869. Eighteen months after date, value received, I promise to pay Gr. Ensign or bearer, two hundred dollars, with interest at ten per cent, until paid, it being the profit of eight machines. A. Carns. “ Witness, J. EwsiGN.” The complaint is in the usual form of complaints in actions by the holders of promissory notes against the makers thereof.

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APPEAL from tbe Circuit Court for Grant County. Action upon a promissory note in the following form: “ $200. Ssielseb, May 4, 1869. Eighteen months after date, value received, I promise to pay Gr. Ensign or bearer, two hundred dollars, with interest at ten per cent, until paid, it being the profit of eight machines. A. Carns. “ Witness, J. EwsiGN.” The complaint is in the usual form of complaints in actions by the holders of promissory notes against the makers thereof. In addition to a qualified general denial, which is of no importance, the answer of the defendant avers, that if the…

1Opinion of the CourtLyon, J.

1. The general exception thereto taken on behalf of the plaintiffs is not sufficient to authorize us to review the charge given by the judge to the jury. It is only when the charge is wholly erroneous that such an exception is available, and such is not the character of the charge in this case. Eldred v. The Oconto Co., 33 Wis., 133, and cases cited.

2. Were the instructions proposed on behalf of the plaintiffs, and not given, properly refused ? The first of these assumes that the only question raised by the answer is, whether the signature to the note in suit is genuine or a forgery. This is…

2Cases cited2 opinions

  1. Walker v. EbertWisconsin Supreme Court · 1871
  2. Eldred v. Oconto Co.Wisconsin Supreme Court · 1873

3Cited by13 opinions

  1. Corcoran v. HarranWisconsin Supreme Court · 1882
  2. Green v. WilkieSupreme Court of Iowa · 1896
  3. Chipman v. TuckerWisconsin Supreme Court · 1875
  4. First National Bank of Parkersburg v. JohnsWest Virginia Supreme Court · 1883
  5. Bowers v. ThomasWisconsin Supreme Court · 1885

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