Curran v. Witter
Wisconsin Supreme Court
APPEAL from the Circuit Court for Wood County. In the year 1869 the defendant carried on the business of banking at Grand Rapids in this state. In October of that year, James Curran, plaintiff’s intestate, deposited with him $540, and received therefor the following certificate, written and signed by one Moody, the defendant’s clerk: “ J. D. WlTTER, RANKER, GRAND RaPIDS, WISCONSIN.
Read the full summary
APPEAL from the Circuit Court for Wood County. In the year 1869 the defendant carried on the business of banking at Grand Rapids in this state. In October of that year, James Curran, plaintiff’s intestate, deposited with him $540, and received therefor the following certificate, written and signed by one Moody, the defendant’s clerk: “ J. D. WlTTER, RANKER, GRAND RaPIDS, WISCONSIN. “ $540. October 6, 1869. “ Mr. James Curran has deposited in this bank five hundred and forty dollars, payable to his order on the return of this certificate properly indorsed. “ J. D. WlTTER. “ Per Moody.” James…
1Opinion of the Court
Lyoít, J.
In Klauber v. Biggerstaff, 47 Wis. 551, the late chief justice, after giving the elementary definition of a promissory note, proceeded to say that “ the ordinary form of a certificate of deposit of money falls precisely within the definition, and it seems strange that there was ever a doubt that it was in law a negotiable promissory note. O'Neill v. Bradford, 1 Pin. 390, and cases there cited. Such doubt, however, may now be considered at rest. Kilgore v. Bulkley, 14 Conn. 362; Bank of Orleans v. Merrill, 2 Hill, 295; Miller v. Austen, 13 How. 218.” After this authoritative statement…
2Cases cited14 opinions
- Payne v. . GardinerNew York Court of Appeals · 1864
- Weyer v. Chicago, Wisconsin & Northern RailroadWisconsin Supreme Court · 1887
- Henry Miller, in Error v. David Austen, William S. Wilmerding, and David Austen, Jr.Supreme Court of the United States · 1852
- Munger v. . Albany City National BankNew York Court of Appeals · 1881
- Poorman v. D. O. Mills & Co.California Supreme Court · 1868
9 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Barry v. MinahanWisconsin Supreme Court · 1906
- State v. HillNebraska Supreme Court · 1896
- Shuman v. Citizens State BankNorth Dakota Supreme Court · 1914
- Citizens Bank of Pleasantville v. TaylorSupreme Court of Iowa · 1926
- Mereness v. First National BankSupreme Court of Iowa · 1900
22 more not listed; retrieve them via the Exa API.