Hubbard v. Galusha
Wisconsin Supreme Court
APPEAL from the Circuit Court for Eau Claire County. This action was commenced in a justice’s court, by Hubbard and Bennett, copartners, on a promissory note executed by the defendant to Bennett, or bearer. The nature of the defense relied on appears from the opinion. The case was tried by a jury before the justice, and a verdict found for the plaintiffs, for $7.44, damages.
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APPEAL from the Circuit Court for Eau Claire County. This action was commenced in a justice’s court, by Hubbard and Bennett, copartners, on a promissory note executed by the defendant to Bennett, or bearer. The nature of the defense relied on appears from the opinion. The case was tried by a jury before the justice, and a verdict found for the plaintiffs, for $7.44, damages. Erom a judgment on the verdict the defendant appealed to the circuit court, where the cause was heard on the original papers and return of the justice, and the judgment reversed. The plaintiffs then appealed to this court.
1Opinion of the CourtCole, J.
The defense to the note sued on was a partial or total failure of consideration. There is no doubt but this defense was available, since the note was given to one of the plaintiffs, who was a partner of the other. Of course, this defect in 'the note might be shown as between the original parties, or as to one taking the same with notice thereof; and it is a familiar rule of law that notice or knowledge of any one partner is notice or knowledge affecting all the rest, or rather the partnership as a whole. The want or failure of consideration might, then, be insisted on as a defense to the…
2Cited by6 opinions
- Lebcher v. LambertUtah Supreme Court · 1900
- Noyes v. OstromSupreme Court of Minnesota · 1910
- Wild, Inc. v. Citizens Mortgage Investment TrustCourt of Appeals of Wisconsin · 1980
- Remington v. Detroit Dental Manufacturing Co.Wisconsin Supreme Court · 1898
- Wells v. American Express Co.Wisconsin Supreme Court · 1878
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