Continental National Bank of Chicago v. McGeoch
Wisconsin Supreme Court
APPEALS from the Circuit Court for Milwaukee County. These are separate appeals by the defendants Daniel Wells, Jr., and Peter MoGeoeh, from orders striking out the separate demurrer of each to the complaint as frivolous. Both appeals present precisely the same questions. The causes of action stated in the complaint are balances alleged to be due the plaintiff on four instruments in writing for the payment of money, to each of which all of the defendants are parties.
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APPEALS from the Circuit Court for Milwaukee County. These are separate appeals by the defendants Daniel Wells, Jr., and Peter MoGeoeh, from orders striking out the separate demurrer of each to the complaint as frivolous. Both appeals present precisely the same questions. The causes of action stated in the complaint are balances alleged to be due the plaintiff on four instruments in writing for the payment of money, to each of which all of the defendants are parties. The complaint contains a separate count on each. The first count is upon the following instrument: “$150,000. ' Chicago, III.,…
1Opinion of the CourtLyost, J.
Under the rule which has prevailed in this court since the decision of the case of Diggle v. Boulden, 48 Wis. 477, if the demurrers to the complaint were not well taken the orders striking them out must be affirmed.
It will be observed that the complaint contains no aver-ments of demand and notice to charge the indorsers of the several instruments in suit as such, but that the indorsers of such instruments are charged as primarily liable for the payment thereof. If the instruments are negotiable promissory notes, the omission of such averments renders the complaint demurrable as to the…
2Cases cited6 opinions
- Diggle v. BouldenWisconsin Supreme Court · 1880
- First National Bank of Stillwater v. LarsenWisconsin Supreme Court · 1884
- Morgan v. EdwardsWisconsin Supreme Court · 1881
- Houghton v. ElyWisconsin Supreme Court · 1870
- Parry v. SpikesWisconsin Supreme Court · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Thorp v. MindemanWisconsin Supreme Court · 1904
- W. W. Kimball Co. v. MellonWisconsin Supreme Court · 1891
- Holliday State Bank v. HoffmanSupreme Court of Kansas · 1911
- First National Bank of Elgin v. RussellTennessee Supreme Court · 1911
- Lincoln Nat. Bank v. PerryCourt of Appeals for the Eighth Circuit · 1895
6 more not listed; retrieve them via the Exa API.