McGovern v. Eckhart

The following opinion was filed April 3, 1928:

Crown hart, J.

This case was here on a former appeal from an order overruling a demurrer to the complaint, seeking to recover the penalty provided in sec. 116.04, Stats. McGovern v. Eckhart, 192 Wis. 558, 213 N. W. 332.

In that case the construction of the statutes, secs. 116.03 and 116.04, was involved, and this court, following the decision in Quiggle v. Herman, 131 Wis. 379, 111 N. W. 479, held that the giver and taker of the note were in pari delicto, and for that reason, if for no other, plaintiff could not recover the penalty. That decision is…