Sumner v. Bowen
Wisconsin Supreme Court
ERROR TO THE FOND DU LAC CIRCUIT COURT. This was an action of assumpsit, brought upon a promissory note by the plaintiffs in error, as partners, against the defendant in error, as endorser of a promissory note, of which the following is a copy: “$219.76. “ Fond du Lac, November 6,1851. “On the first day of March next, I promise to “pay I. W. Bowen or order,.two hundred and “teen 76-100 dollars, value received. u ft T'hi'WnT-B' JVE VV OLE. Endorsed “Iba W. Bowen.”
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ERROR TO THE FOND DU LAC CIRCUIT COURT. This was an action of assumpsit, brought upon a promissory note by the plaintiffs in error, as partners, against the defendant in error, as endorser of a promissory note, of which the following is a copy: “$219.76. “ Fond du Lac, November 6,1851. “On the first day of March next, I promise to “pay I. W. Bowen or order,.two hundred and “teen 76-100 dollars, value received. u ft T'hi'WnT-B' JVE VV OLE. Endorsed “Iba W. Bowen.” The declaration was in the usual form, counting specially upon said note as endorsees, against the endorser, Bowen, together with…
1Opinion of the Court
*529 By the Court,
Crawford, J.
On the trial of this cause in the Circuit Court, the plaintiffs gave in evidence the promissory note sued upon, with the dorsement of the defendant Bowen, to whom the note was made payable. They __then gave in evidence a protest of said promissory note, made and attested under his special seal, hy John B. F. Russell, a notary public, residing in the city of Chicago. This being all the evidence offered in the case, the circuit judge charged the jury that the protest offered in evidence was not evidence of notice to the defendant Bowen, sufficient to render him liable…
2Cited by4 opinions
- Turner v. Iron Chief Mining Co.Wisconsin Supreme Court · 1889
- Willow River Lumber Co. v. Luger Furniture Co.Wisconsin Supreme Court · 1899
- Duckert v. Von LileinthalWisconsin Supreme Court · 1860
- Smith v. HillWisconsin Supreme Court · 1858