Whitmam v. Wood
Wisconsin Supreme Court
ERROR TO MARQUETTE CIRCUIT COURT. This was an action of assumpsit, commenced by declaration in the circuit court of Marquette county, and was tried at the March term, 1856, before a jury. The suit was brought to recover the amount of a promissory note, of which the following is a copy: “ $350. “ Oxfoed, Nov. 13th, 1851. “ Six months after date we promise to pay to the order of “L. Gr.
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ERROR TO MARQUETTE CIRCUIT COURT. This was an action of assumpsit, commenced by declaration in the circuit court of Marquette county, and was tried at the March term, 1856, before a jury. The suit was brought to recover the amount of a promissory note, of which the following is a copy: “ $350. “ Oxfoed, Nov. 13th, 1851. “ Six months after date we promise to pay to the order of “L. Gr. Wood, three hundred and fifty dollars, for value “ received, with use at ten per cent, paid in gold. “ WHITMAN & AXFORD.” The note was signed in the hand writing of Whitman: the declaration is upon the note,…
1Opinion of the Court
*678By the Court,
Whitost, C. J.
The single question to be decided in this case, is, whether by the revised statutes (chap. 98, § 90, 91) the testimony offered by the defendant, Axford, was properly excluded.
The action was brought by Wood against Whitman & Axford as partners.
Whitman was defaulted, and Axford pleaded the general issue merely. There was no denial of the existence of the partnership, as it was averred in the declaration; nor was execution of the note denied by any plea which was verified by an affidavit. By force of the statute, both these facts were therefore admitted for the…
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