Hackley National Bank v. Barry
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: Warren D. Tarrant, Circuit Judge. Action to recover on a promissory note. The note sued on was for $10,000. It purported to have been made at Muskegon, Michigan, December 15, 1904, by the Chicago & Muskegon Transportation Company, payable four months after date to the order of the Hackley National Bank, at such bank, in Muskegon, with interest at six per cent, per annum. It was signed on the back by defendant.
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Appeal from a judgment of tbe circuit court for Milwaukee county: Warren D. Tarrant, Circuit Judge. Action to recover on a promissory note. The note sued on was for $10,000. It purported to have been made at Muskegon, Michigan, December 15, 1904, by the Chicago & Muskegon Transportation Company, payable four months after date to the order of the Hackley National Bank, at such bank, in Muskegon, with interest at six per cent, per annum. It was signed on the back by defendant. Peter Barry. The complaint stated the facts aforesaid and that the transaction created a Michigan contract; that Barry…
1Opinion of the Court
The following opinion was filed March 9, 1909:
Marshall, T.
It is the opinion of the court that the contract is governed by the law of the state of Michigan. Contrary to the law here, by the decisions of the supreme court of such state, the prima facie indication, by the mere fact of the name appearing on the back of the note, was rebutted by proof that it was so signed before delivery. To that extent proof of the circumstances under which the name was signed was admissible. But was the prima facie showing so made, under the Michigan law, that Barry became liable as a joint maker, rebuttable by…
2Cases cited11 opinions
- Excelsior Wrapper Co. v. MessingerWisconsin Supreme Court · 1903
- Phelps v. AbbottMichigan Supreme Court · 1897
- Knox v. CliffordWisconsin Supreme Court · 1875
- Davy v. KelleyWisconsin Supreme Court · 1886
- Racine County Bank v. KeepWisconsin Supreme Court · 1860
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Western Lime & Cement Co. v. Copper River Land Co.Wisconsin Supreme Court · 1909
- Burton v. DouglassWisconsin Supreme Court · 1909
- Pedelty v. Wisconsin Zinc Co.Wisconsin Supreme Court · 1912
- Jefferis v. AustinWisconsin Supreme Court · 1923
- Union Bank of Milwaukee v. Commercial Securities Co.Wisconsin Supreme Court · 1916
4 more not listed; retrieve them via the Exa API.