Worden v. Mitchell
Wisconsin Supreme Court
.APPEAL PROM MILWAUKEE COUNTY COURT. This was an action commenced in the county court of Milwaukee county, by the respondent, Mitchell, against Worden, the appellant, and David G. Power, the former as endorser, and the latter as maker of two several promissory notes, one for #266.67 eighteen months after date with interest at eight per cent, per annum, dated 20th day of March, 1855 ; and the other payable twenty-five months after the same date, for the same amount, with like…
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.APPEAL PROM MILWAUKEE COUNTY COURT. This was an action commenced in the county court of Milwaukee county, by the respondent, Mitchell, against Worden, the appellant, and David G. Power, the former as endorser, and the latter as maker of two several promissory notes, one for #266.67 eighteen months after date with interest at eight per cent, per annum, dated 20th day of March, 1855 ; and the other payable twenty-five months after the same date, for the same amount, with like interest, both payable to the said Euclid Worden or order. The complaint further alleges that the defendant, Euclid…
1Opinion of the Court
By the Court,
Cole, J.
Upon the trial of this cause the county court gave the jury the following instruction, which was excepted to by the appellant. “That if in this instance they- should find that the defendant assented to a postponement of the time in which the notes were to be presented as alleged in the complaint, it would amount to a waiver of presentment and nodce, at the time when such presentment and notice would otherwise have been necessary and would bind the defendant to a waiver, but would not bind the plaintiff to perform his part of the agreement and he would not be bound *165to give…
2Cases cited1 opinion
- Coddington v. DavisNew York Supreme Court · 1846
3Cited by4 opinions
- Second National Bank of Richmond v. SmithWisconsin Supreme Court · 1903
- Dunbar v. HollinsheadWisconsin Supreme Court · 1860
- Lockwood v. BockSupreme Court of Minnesota · 1892
- Weinbergen v. BartelsWisconsin Supreme Court · 1927