Legal Opinion

Bank of New London v. Ketchum

Wisconsin Supreme Court

Decided September 21, 1886PublishedCited by 4 opinions

APPEAL from the Circuit Court for Outagamie County. The following statement of the case was prepared by Mr. Justice Taylor as a part of the opinion: ■ Two actions were commenced by the respondent in the circuit court, on the same day, upon two promissory notes. One note was executed by the said Ketelmm as maker, and was indorsed by John Hoxie, and Ketelmm and Hoxie were made defendants in the action upon that note.

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APPEAL from the Circuit Court for Outagamie County. The following statement of the case was prepared by Mr. Justice Taylor as a part of the opinion: ■ Two actions were commenced by the respondent in the circuit court, on the same day, upon two promissory notes. One note was executed by the said Ketelmm as maker, and was indorsed by John Hoxie, and Ketelmm and Hoxie were made defendants in the action upon that note. The other was executed by Ketelmm as maker, and indorsed by Thomas Logan and G. W.. Spaulding, and they were made defendants in the action upon that note, which is the action in…

1Opinion of the CourtTaylor, J.

In determining the sufficiency of the supplemental reply in this case, we must determine it upon the theory that the counterclaim in each of said actions was a valid counterclaim in said actions, and that the plaintiff cannot, and, as we understand it, does not, object that the alleged demand due from the plaintiff to the principal debtor, Ketchum, was not the subject of a counterclaim in the action against said Ketchum and the indorsers of his notes. "We shall not, therefore, discuss the question presented by the learned counsel for the appellants in his brief, whether, in an action under…

2Cases cited1 opinion

  1. Strong v. HooeWisconsin Supreme Court · 1877

3Cited by4 opinions

  1. Stanton v. KenrickIndiana Supreme Court · 1893
  2. Beh v. BaySupreme Court of Iowa · 1905
  3. Citizens Bank v. OaksMissouri Court of Appeals · 1914
  4. Stevens v. CarrollSupreme Court of Iowa · 1906

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