Hodge v. Wallace
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Price county: John K. Paeish, Circuit Judge. This action was commenced March 14, 1905, to recover the amount due on three promissory notes each bearing date April 15, 1903, for $1,000, payable, respectively, July 15, 1904,-July 15, 1905, and July 15, 1906, with interest at six per cent, per annum, payable to Robert Burgess & Son or order, and signed by all of the eleven defendants, and on each note’ there was indorsed as…
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Appeal from a judgment of the circuit court for Price county: John K. Paeish, Circuit Judge. This action was commenced March 14, 1905, to recover the amount due on three promissory notes each bearing date April 15, 1903, for $1,000, payable, respectively, July 15, 1904,-July 15, 1905, and July 15, 1906, with interest at six per cent, per annum, payable to Robert Burgess & Son or order, and signed by all of the eleven defendants, and on each note’ there was indorsed as payment, under date of April 11, 1903, $200. Omitting the signatures and indorsements the note-first due reads as follows:…
1Opinion of the CourtCassoday, C. J.
1. At tbe close of tbe testimony tbe plaintiffs moved tbe court to direct a verdict in their favor and against tbe defendants for tbe full amount of principal and interest mentioned in tbe three notes, but subsequently asked leave to withdraw such motion and to withdraw tbe sec*88ond and third canses of action, and renewed tbeir motion to direct a verdict in favor of the plaintiffs and against the defendants for the amount named in the first cause of action, which, by the express terms of the note, became due and payable several months prior to the commencement of the action. The court denied…
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