Custard v. Wigderson
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Langlade county: JohN GoodlaNd, Circuit Judge. Tbis action was brought to recover upon two promissory notes for $100 eacb, executed and delivered by defendants to plaintiff. Tbe notes bore date June 25, 1897, and were payable one four and tbe other five months after date, with interest at eight per cent, after due. Tbe complaint was in tbe usual form.
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Appeal from a judgment of tbe circuit court for Langlade county: JohN GoodlaNd, Circuit Judge. Tbis action was brought to recover upon two promissory notes for $100 eacb, executed and delivered by defendants to plaintiff. Tbe notes bore date June 25, 1897, and were payable one four and tbe other five months after date, with interest at eight per cent, after due. Tbe complaint was in tbe usual form. Tbe defendant M. Wigderson was held not liable because tbe wife of defendant E. 'Wigderson, and not bound by the contract. Tbe defendant P. Boman was not served with process, so tbe controversy…
1Opinion of the CourtKerwin, J.
The errors complained of on this appeal may he classified under two heads: Eirst, whether the court erred in directing a verdict for plaintiff; and, second, whether the bankruptcy proceedings constituted a defense to the notes in suit.
1. There is a sharp conflict in the evidence as to whether or not the appellant promised, after the bankruptcy proceedings, to pay the notes, the respondent and his attorney testifying that such promise was made. The appellant flatly denies such promise. So whether or not a promise was made to pay the notes, as contended by plaintiff, was clearly a question for…
2Cases cited11 opinions
- Birkett v. Columbia BankSupreme Court of the United States · 1904
- Columbia Bank v. . BirkettNew York Court of Appeals · 1903
- Michaels v. PostSupreme Court of the United States · 1874
- Black v. BlazoMassachusetts Supreme Judicial Court · 1875
- In re ShafferDistrict Court, E.D. North Carolina · 1900
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Parker v. MurphyMassachusetts Supreme Judicial Court · 1913
- Bartlett v. TaylorMissouri Court of Appeals · 1922
- Bank of Wrightsville v. Four SeasonsCourt of Appeals of Georgia · 1917
- Salmon v. SarnoAppellate Division of the Supreme Court of the State of New York · 1942
- Caldwell v. EastmanMassachusetts Supreme Judicial Court · 1924
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