Johnson v. Williard
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland County. This action is upon a promissory note, and was brought by the plaintiff, the indorsee and holder, against the maker and an indorser thereof.
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APPEAL from the Circuit Court for Ashland County. This action is upon a promissory note, and was brought by the plaintiff, the indorsee and holder, against the maker and an indorser thereof. The note in suit was made by the defendant Lawrence for $400 and ten per cent, interest, payable to the order of the defendant Williard two years after the date thereof, which is October 23, 1889. The defendant Williard indorsed the note for value to one Lloyd by writing thereon, “Pay to the order of George E. Lloyd, with recourse;” signing his name thereto, and delivering the note thus indorsed to Lloyd.…
1Opinion of the CourtLyon, C. J.
It is not objected by either party that the special verdict is unsupported by the proofs, and there was no motion for a new trial. Each party rests his case upon the verdict. Hence the verdict imports verity, and the only question on this appeal is, For which party (if either) should judgment be rendered upon it?
The indorsement of Williard, in its present form, expresses two contracts: (1) It assigns and transfers the note in suit to the indorsee; (2) it contains an agreement by Williard that if the payment of the note is demanded of the maker thereof at maturity; and, not being paid, if due…
2Cases cited1 opinion
- Brinker v. MeyerWisconsin Supreme Court · 1891
3Cited by4 opinions
- Drinkall v. Movius State BankNorth Dakota Supreme Court · 1901
- Palmersheim v. HertelWisconsin Supreme Court · 1923
- Kegel v. McCormackWisconsin Supreme Court · 1937
- Lentz v. DostalWisconsin Supreme Court · 1933