Dart v. Sherwood
Wisconsin Supreme Court
appeal PROM marquette circuit court. This is an action of assumpsit brought by the appellee against the appellants, as joint makers of a promissory note, which read as follows: $400. Ripon, Wis., Nov. 4th, 1856. Thirty days after date, for value received, I promise to pay Putnam C. Dart or order, four hundred dollars, with interest, at the rate of twelve per cent per annum. J. C. Sherwood, Wm. C. Sherwood, Surety.
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appeal PROM marquette circuit court. This is an action of assumpsit brought by the appellee against the appellants, as joint makers of a promissory note, which read as follows: $400. Ripon, Wis., Nov. 4th, 1856. Thirty days after date, for value received, I promise to pay Putnam C. Dart or order, four hundred dollars, with interest, at the rate of twelve per cent per annum. J. C. Sherwood, Wm. C. Sherwood, Surety. Both the appellants put in a plea of the general issue, with the usual notice of set-off by the défendant, John C. Sherwood. On the trial the plaintiff offered the note in evidence,…
1Opinion of the Court
By the Court,
Whiton C. J.
The judgment of the court below is correct and must be affirmed. The note declared upon is the joint and several note of the defendants; joint because it is signed by both ; and several, because each defendant promised severally. Story on Promissory Notes, S. 57; Hunt vs. Adams, 5 Mass. R., 358; Same vs. Same, 6 do., 519.
The objection taken to its introduction in evidence under the common counts has no existence in fact, because it was specially declared upon according to its legal effect.
We have no doubt that as to the payee of the note the defendants were both…
2Cases cited1 opinion
- Hunt v. AdamsMassachusetts Supreme Judicial Court · 1809
3Cited by3 opinions
- Fond du Lac Harrow Co. v. HaskinsWisconsin Supreme Court · 1881
- Carpenter v. FulmerWisconsin Supreme Court · 1903
- General Electric Co. v. GillU.S. Circuit Court for the District of Eastern Pennsylvania · 1904