Pereles v. Christensen
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Milwaukee county: W. J. TubNER, Circuit Judge. This is an action to recover the sum of $5,693.53, the unpaid balance due on a promissory note dated June 3, 1907, given by Edward M. Maxwell to the defendant, which note the defendant, for value received, indorsed and delivered to James M. Pereles, waiving, in writing on the note, presentment and demand of payment and noticé of nonpayment.
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Appeal from an order of tbe circuit court for Milwaukee county: W. J. TubNER, Circuit Judge. This is an action to recover the sum of $5,693.53, the unpaid balance due on a promissory note dated June 3, 1907, given by Edward M. Maxwell to the defendant, which note the defendant, for value received, indorsed and delivered to James M. Pereles, waiving, in writing on the note, presentment and demand of payment and noticé of nonpayment. The plaintiff’s testator, James M. Pereles, commenced this action on April 12, 1910. The amended answer alleges a release of the defendant by the plaintiff. This…
1Opinion of the CourtSiebecKER, J.
There is no dispute on the propositions that this cause of action on the note survives the death of the deceased party; that if proper the action may be revived under the provisions of secs. 2803 and 2810, Stats.; and that such an order is appealable. It is suggested that the order of revival is erroneous because the application was not made until more than five years had expired from the time of the commencement of the action, and hence the limitations of sec. 2811a, Stats., apply and operate as a bar to the proceeding. This provision in the statutes is not intended to operate as an absolute…
2Cases cited6 opinions
- Smith v. CarterWisconsin Supreme Court · 1910
- Voss v. StollWisconsin Supreme Court · 1910
- Fleming v. EllisonWisconsin Supreme Court · 1905
- Hine v. GrantWisconsin Supreme Court · 1903
- Cavanaugh v. ScottWisconsin Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Lawrence v. MacIntyreWisconsin Supreme Court · 1970
- Kentucky Finance Corp. v. Paramount Auto Exchange Corp.Wisconsin Supreme Court · 1920
- Bohlman v. Mutual Indemnity Co.Wisconsin Supreme Court · 1969
- Kearney v. MorseWisconsin Supreme Court · 1929
- Northwestern Malleable Iron Co. v. McMahonWisconsin Supreme Court · 1936