Meiswinkle v. Jung
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Jefferson County. Action upon a promissory note for tbe sum of $1,700, witb interest at ten per cent., alleged to bave been executed by defendants, McCullough and Jung, to tbe plaintiff. Tbe separate answer of tbe defendant, McCullough, alleged tbat be bad agreed witb tbe payee for an extension of six months upon payment of fifty dollars, wbicb sum be paid as agreed; and wbicb be alleged to be usurious.
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APPEAL from tbe Circuit Court for Jefferson County. Action upon a promissory note for tbe sum of $1,700, witb interest at ten per cent., alleged to bave been executed by defendants, McCullough and Jung, to tbe plaintiff. Tbe separate answer of tbe defendant, McCullough, alleged tbat be bad agreed witb tbe payee for an extension of six months upon payment of fifty dollars, wbicb sum be paid as agreed; and wbicb be alleged to be usurious. Tbe separate answer of Jung alleged tbat be signed tbe note as surety, and tbat it bad been extended six months without bis knowledge on tbe payment of $50 by…
1Opinion of the Court
DixoN, O. J.
If the position assumed by Judge Bronson, in Vilas v. Jones, 1 N. Y., 286, and argued and enforced with the great ability usually characterizing bis opinions, and concurred in by the Chief Judge, Jewett, and not controverted by the other members of the court, be correct, then the facts stated in answer to this action, and the facts proved, or which the evidence on the part of the defendants tended to prove, all taken as true, constituted no defense whatever to the claim of the plaintiff as against the defendant Jung, who was the surety upon the note. Our statute against usury in…
2Cases cited4 opinions
- Vilas & Bacon v. Jones & PiercyNew York Court of Appeals · 1848
- Tudor v. GoodloeCourt of Appeals of Kentucky · 1841
- Pyke's Administrator v. ClarkCourt of Appeals of Kentucky · 1842
- Scott v. HallCourt of Appeals of Kentucky · 1845
3Cited by8 opinions
- Fanning v. MurphyWisconsin Supreme Court · 1906
- Jenness v. CutlerSupreme Court of Kansas · 1874
- Graham v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1881
- Hamilton v. ProutyWisconsin Supreme Court · 1880
- Irvine v. AdamsWisconsin Supreme Court · 1880
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