Allan v. Eldred
Wisconsin Supreme Court
APPEAL from the Circuit Court for Oconto County. Action for a balance alleged to be due on plaintiff’s account .against defendant for services. Defendant claimed to have paid such balance by draft sent to the plaintiff more than a year before the action was brought. The case is more fully stated in the opinion. The defendant appealed from a judgment in favor of the plaintiff.
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APPEAL from the Circuit Court for Oconto County. Action for a balance alleged to be due on plaintiff’s account .against defendant for services. Defendant claimed to have paid such balance by draft sent to the plaintiff more than a year before the action was brought. The case is more fully stated in the opinion. The defendant appealed from a judgment in favor of the plaintiff. The plaintiff, having received the draft and retained it for more than a year after it became due, without objection, must be treated as the legal holder thereof. 1 Wait’s L. & P., 384 As such he was bound to use…
1Opinion of the CourtObtoN, J.
The main facts of this case must be stated to make the instruction of the court to the jury, which is claimed to be erroneous, intelligible. The amount of the indebtedness of the defendant to the plaintiff had been agreed upon, and the defendant demanded payment in money. The defendant proposed to give the plaintiff an order on one John Leigh, and the plaintiff refused to receive it, but gave no reason for such refusal, except that he wanted the money. The defendant then promised to send to the plaintiff a sixty-day draft, which the plaintiff understood was to be on a Milwaukee bank. About…
2Cases cited6 opinions
- Ford v. MitchellWisconsin Supreme Court · 1862
- Mehlberg v. TisherWisconsin Supreme Court · 1869
- Lindsey v. McClellandWisconsin Supreme Court · 1864
- Phœnix Insurance Co. v. SholesWisconsin Supreme Court · 1865
- Jones v. HeiligerWisconsin Supreme Court · 1874
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