Cork v. Bacon
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waukesha County. The case is thus stated by Mr. Justice Orton: “ This action was brought before a justice of the peace, by the bearer or holder, and against the drawer, of the following check: “ ‘ $35.00. Milwaukee, Sept. 9th, 1875. “£ O. M. Tyler, Pank of Milwaukee. Pay to-"Willets or bearer thirty-five dollars.
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APPEAL from the Circuit Court for Waukesha County. The case is thus stated by Mr. Justice Orton: “ This action was brought before a justice of the peace, by the bearer or holder, and against the drawer, of the following check: “ ‘ $35.00. Milwaukee, Sept. 9th, 1875. “£ O. M. Tyler, Pank of Milwaukee. Pay to-"Willets or bearer thirty-five dollars. "W. D. Bacon.’ “The complaint was informal, by filing the check, and alleging, in effect, that the plaintiff was the owner and holder for value; that there is no such hank, and, at the time the check was given, there was no such bank in existence, as…
1Opinion of the CourtObtoR-, J.
The grounds relied upon in his brief, by the counsel of the appellant, for the reversal of this judgment, are: 1st. That the burden ‘of proof was upon the respondent to show that no funds were in the hands of the drawee, or the bank upon which the check was drawn, for its payment, and that he offered no such proof. 2d. That the respondent was guilty of negligence and laches in not presenting the check to the drawee before he had failed and become a bankrupt.
The sole ground relied upon by the counsel of the respondent to sustain the judgment is, that the check was-fictitious or fraudulent,…
2Cases cited3 opinions
- Jackson ex dem. Van Vechten v. SillNew York Supreme Court · 1814
- Garrison v. OwensWisconsin Supreme Court · 1844
- Lamon v. French and AnotherWisconsin Supreme Court · 1869
3Cited by1 opinion
- Deal v. Atlantic Coast Line R. Co.Supreme Court of Alabama · 1932