Lindsey v. McClelland
Wisconsin Supreme Court
APPEAL from the Circuit Court for Green Lake County. Action on a note made by defendant to plaintiff, April 16, 1861, for $230 at thirty days, with interest at 10 per cent.; on which there was claimed to be due abalance of $217, with interest from June 20, 1861. Answer, general denial, and payment.
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APPEAL from the Circuit Court for Green Lake County. Action on a note made by defendant to plaintiff, April 16, 1861, for $230 at thirty days, with interest at 10 per cent.; on which there was claimed to be due abalance of $217, with interest from June 20, 1861. Answer, general denial, and payment. On the trial, the plaintiff, as a witness in his own behalf, testified to the execution of the note for money loaned by bim to defendant, and added: “ About the middle of June, 1861, defendant came to me to pay me the amount of the note, and brought a certificate of deposit on the Berlin Bank for…
1Opinion of the Court
By the Court,
Cole, J.
The circuit court was most unquestionably right in holding that the law relating to bills of exchange and commercial paper on the question of diligence, did not apply to the certificate of deposit produced on the trial and read in evidence. That certificate was, by its very terms, made payable “in current funds" which this court held, in Ford v. Mitchell, 15 Wis., 304, rendered the instrument nonnegotiable. It is not payable in money, or what the court is bound to consider as equivalent to money. See authorities cited in Ford v. Mitchell; Edwards on Bills and Promis.…
2Cases cited4 opinions
- Kilgore v. BulkleySupreme Court of Connecticut · 1841
- Ford v. MitchellWisconsin Supreme Court · 1862
- Laughlin v. MarshallIllinois Supreme Court · 1857
- Bank of Peru v. FarnsworthIllinois Supreme Court · 1857
3Cited by7 opinions
- Klauber v. BiggerstaffWisconsin Supreme Court · 1879
- Paine v. VoorheesWisconsin Supreme Court · 1870
- Turner v. Iron Chief Mining Co.Wisconsin Supreme Court · 1889
- First National Bank v. Security National BankNebraska Supreme Court · 1892
- Hoefliger v. WellsWisconsin Supreme Court · 1879
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