Dilley v. Van Wie
Wisconsin Supreme Court
APPEAL EROM HAKE CIRCUIT COURT. The appellant in this case caused a judgment, by confession, to be entered in the court below, on the third day of June, 1857, against the respondents, by virtue of a warrant of attorney for that purpose duly executed, upon the promissory note^, in writing of the respondents, of which the following is á copy: “ $300 MadisoN, May 13th, 1856. “ On the 20th April, 18 57, after date, for value received, I “ promise to pay Hiram Carter, or order,…
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APPEAL EROM HAKE CIRCUIT COURT. The appellant in this case caused a judgment, by confession, to be entered in the court below, on the third day of June, 1857, against the respondents, by virtue of a warrant of attorney for that purpose duly executed, upon the promissory note^, in writing of the respondents, of which the following is á copy: “ $300 MadisoN, May 13th, 1856. “ On the 20th April, 18 57, after date, for value received, I “ promise to pay Hiram Carter, or order, at the State Bank, “ Madison, three hundred d ollars, with interest at the rate of “ ten per cent, per annum till paid,…
1Opinion of the Court
By the Oow't,
Smith, J.
We think the circuit Court did right in setting aside the judgment entered in this case. The instrument in writing on which judgment was rendered is not a promissory note. Its payment is made subject to a contingency, or rather to the equities between the parties growing out of a contemporaneous agreement between the same parties. This is expressed upon the face of the (so-called) note, and deprives it of its commercial character. Nor does the warrant of attorney help the matter, for the power to confess judgment is only for the amount due, and that must depend upon the…
2Cited by12 opinions
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- Sloane v. AndersonWisconsin Supreme Court · 1883
- Klots Throwing Co. v. Manufacturers' Commercial Co.Court of Appeals for the Second Circuit · 1910
- McCabe v. SumnerWisconsin Supreme Court · 1876
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