Peterson v. Johnson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Action on a note executed by defendant to one Arneson, under date February 5, 1865, for $200, with interest, payable February 1, 1866, on which certain payments were admitted, leaving a balance of $89.48. Answer, that on the 4th of November, 1865, defendant was duly garnished in a suit by one Pratt against said Arneson and one Obdall; tbat defendant, being indebted to Arneson in the sum of about $200, made answer accordingly in…
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APPEAL from the Circuit Court for Dane County. Action on a note executed by defendant to one Arneson, under date February 5, 1865, for $200, with interest, payable February 1, 1866, on which certain payments were admitted, leaving a balance of $89.48. Answer, that on the 4th of November, 1865, defendant was duly garnished in a suit by one Pratt against said Arneson and one Obdall; tbat defendant, being indebted to Arneson in the sum of about $200, made answer accordingly in tbe garnishee suit, after duly tendering to Arneson the conduct of the defense of said suit; that on the 18th of the…
1Opinion of the CourtDixoN, C. J.
This is not a case within the rule which excludes evidence of the verbal contemporaneous agreement of the parties to vary or contradict the terms of their written contract. If it were, and we were to examine and decide it by the authorities, it is very doubtful 'what our decision would be. There is no topic in the law more confused by the decisions than that very one. But this is a case of partial failure of the consideration of the promissory note sued upon; and the question is, whether the defendant may give evidence, of what occurred between the parties at the time the note was given, for…
2Cases cited4 opinions
- Spalding v. VandercookNew York Supreme Court · 1829
- Hill v. EndersIllinois Supreme Court · 1857
- McHenry v. YokumIllinois Supreme Court · 1862
- Thomas v. ThomasWisconsin Supreme Court · 1859
3Cited by6 opinions
- Holland Banking Co. v. DicksSupreme Court of Oklahoma · 1917
- Jilson v. GilbertWisconsin Supreme Court · 1870
- Davy v. KelleyWisconsin Supreme Court · 1886
- Magill v. StoddardWisconsin Supreme Court · 1887
- Smith v. CarterWisconsin Supreme Court · 1870
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