Andrews v. Robertson
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: R. Gr. Siebeceer, Circuit Judge. Action on a promissory note.
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Appeal from a judgment of the circuit court for Dane county: R. Gr. Siebeceer, Circuit Judge. Action on a promissory note. The defense was that plaintiffs as agents of the Equitable Life Assurance Society of the United States, acting through their subagent, one Eorsting, delivered to defendant two insurance bonds duly issued by such society, on his application made through such agents, and that he at the same time delivered to Forsting for the agents the note in suit, the same being for the down payment for such bonds, and that the delivery was coupled with an agreement which Eorsting had…
1Opinion of the CourtMaeshall, J.
The view we take of this, case renders it unnecessary to consider the question of whether the instrument sued on ever became the promissory note of respondent. Conceding that it did, it is not enforceable in the hands of plaintiffs if the condition on which it was delivered to their agent, Eorsting, is binding upon them, upon the ground that they are not bona fide holders of the paper. What that condition was is too clear for controversy. It was competent to show that the word “ duebill,” found in *337the .receipt given by Forsting, referred to the note, upon the plainest principles of evidence;…
2Cases cited9 opinions
- McDermott v. JacksonWisconsin Supreme Court · 1897
- Kost v. BenderMichigan Supreme Court · 1872
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- Chariton Plow Co. v. DavidsonNebraska Supreme Court · 1884
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