La Fayette County Monument Corp. v. Magoon
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. The action is upon an unpaid, bank check which is as follows: “ $1,000. Darlington, "Wis., April 6, 1881. Citizens' National BanJc; Pay to Joseph Plackstone, Treasurer of the La. Co. M. Ass. One Thousand Dollars, and charge account. Henry S. Magoon.” On the back of the check was written, “Payable, May 3, 1887. Henry S. Magoon.”
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APPEAL from the Circuit Court for Grant County. The action is upon an unpaid, bank check which is as follows: “ $1,000. Darlington, "Wis., April 6, 1881. Citizens' National BanJc; Pay to Joseph Plackstone, Treasurer of the La. Co. M. Ass. One Thousand Dollars, and charge account. Henry S. Magoon.” On the back of the check was written, “Payable, May 3, 1887. Henry S. Magoon.” The complaint alleges that when such check was given the plaintiff was and still is a duly organized corporation under the laws of this state; that the check was given to the payee therein named as treasurer thereof; that…
1Opinion of the CourtLyon, J.
1. We cannot doubt that the transactions between the parties of April 6, 1887, evidenced by the communication of the defendant to the plaintiff corporation, and the receipt which was approved and accepted by the defendant (both of which will be found in the foregoing statement of facts), show conclusively that the check in *633suit was given and received as a payment of the defendant’s subscription to the monument fund. The language of the defendant to the plaintiff in such communication is: “I, Henry S. Magoon, . . . hereby subscribe and hand to the treasurer of said corporation one thousand…
2Cases cited1 opinion
- Lathrop v. KnappWisconsin Supreme Court · 1870
3Cited by8 opinions
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- Estate of McAskill v. McLeodWisconsin Supreme Court · 1934
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