Holway v. Sanborn
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for La Crosse county: GeoR.ge Grimm, Judge. Action to recover on a promissory note. Complaint in tbe usual form, plaintiff suing as personal .representative of tbe deceased payee. Tbe note was made December 31, 1882, for $250, payable with, interest at tbe rate of six per cent, per annum in one year after date. Tbe payee resided when tbe note was given .and thereafter till bis decease in tbe state of Wisconsin.
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Appeal from a judgment of tbe circuit court for La Crosse county: GeoR.ge Grimm, Judge. Action to recover on a promissory note. Complaint in tbe usual form, plaintiff suing as personal .representative of tbe deceased payee. Tbe note was made December 31, 1882, for $250, payable with, interest at tbe rate of six per cent, per annum in one year after date. Tbe payee resided when tbe note was given .and thereafter till bis decease in tbe state of Wisconsin. During aE tbat time and till tbe action was commenced, as alleged, defendants resided on tbe Pacific coast. They ■omitted to pay any part of…
1Opinion of the CourtMakshall, J.
The first question presented for consideration is this: Is the presumption of payment which by the rules of the common law arises from the circumstance of a debt being twenty years past due, one of fact merely, rebut-table by evidence of nonpayment, or is it one of law, in legal effect extinguishing the debt ? That is ruled in favor of the first of the alternatives by Delaney v. Brunette, 62 Wis. 615, 23 N. W. 22. The presumption is there spoken of as a mere evidentiary inference of payment subject to be overcome like any other debatable matter, except the fixed period requisite to create the…
2Cases cited6 opinions
- Schultz v. CulbertsonWisconsin Supreme Court · 1905
- Hale v. Pack's Ex'orsWest Virginia Supreme Court · 1877
- Daggett v. TallmanSupreme Court of Connecticut · 1830
- McLellan v. CroftonSupreme Judicial Court of Maine · 1830
- Crooker v. CrookerSupreme Judicial Court of Maine · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Chesapeake & Delaware Canal Co. v. United StatesCourt of Appeals for the Third Circuit · 1917
- Zwietusch v. LuehringWisconsin Supreme Court · 1914
- Will of PullenWisconsin Supreme Court · 1917
- Day v. MorganWisconsin Supreme Court · 1924
- McHatton v. Estate of McDonnellWisconsin Supreme Court · 1917
2 more not listed; retrieve them via the Exa API.