Kellogg v. Steiner
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Dodge. County. Action upon a promissory note payable to W. S. Coffman, or bearer. The plaintiff claimed as a purchaser in good faith and for value, before maturity.
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APPEAL from tbe Circuit Court for Dodge. County. Action upon a promissory note payable to W. S. Coffman, or bearer. The plaintiff claimed as a purchaser in good faith and for value, before maturity. The defendant, by his verified answer, denied the execution of the note, and alleged that, at about its date, he made an agreement with Coffman, whereby the latter was to send him a sample of a patented hand seeding machine, and furnish him with as many machines as he could sell, and he was to sell as many as he could in his town for $15 each, and to pay for them at the rate of $6 each, when he…
1Opinion of the CourtDixoN, C. J.
Tbe court below beld, and probably rightly, in view of the course pursued by the defendant at the trial, that the only question before the court and jury was as to the genuineness of the signature to the note on which the suit was brought. The record makes the court to have ruled that such was the only issue presented by the pleadings, which was hardly correct, inasmuch as the answer was broad enough to put in issue a fraudulent alteration of the note by the insertion of the words, “ or bearer ” after its execution, and so to have shown a good defense to the action notwithstanding the…
2Cited by13 opinions
- Green v. WilkieSupreme Court of Iowa · 1896
- Rehbein v. RahrWisconsin Supreme Court · 1901
- First National Bank of Parkersburg v. JohnsWest Virginia Supreme Court · 1883
- Arnd v. SjoblomWisconsin Supreme Court · 1907
- Giffert v. WestWisconsin Supreme Court · 1875
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