Comstock v. Buckley
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: LawbeNce W. Halsey, Circuit Judge. Action upon a promissory note, $2,500, dated April 21, 1900, signed by J. O. & W. S. Buckley, a copartnership, pay,.able to tbe order of Thomas F. Somers, at six months date, with six per cent, interest, and indorsed by Thomas F. Som-ers, Charles Buehner, John Graf, Peter J. Somers, John Zilg, C. S. Otjen, II. F. Bosworth, and ~W. F. Haslci/n, in the order aforesaid.
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Appeal from a judgment of tbe circuit court for Milwaukee county: LawbeNce W. Halsey, Circuit Judge. Action upon a promissory note, $2,500, dated April 21, 1900, signed by J. O. & W. S. Buckley, a copartnership, pay,.able to tbe order of Thomas F. Somers, at six months date, with six per cent, interest, and indorsed by Thomas F. Som-ers, Charles Buehner, John Graf, Peter J. Somers, John Zilg, C. S. Otjen, II. F. Bosworth, and ~W. F. Haslci/n, in the order aforesaid. It appeared that said note, so indorsed without any consideration to the indorsers, but for the accommodation ■of a mining…
1Opinion of the CourtDodge, J.
The direction of a verdict for the plaintiff is sought to be supported, first, on the authority of Marling v. Jones, 138 Wis. 82, 119 N. W. 931, for that, as asserted, the-accommodated party, and Herman as its agent, had actual authority, by force of the note itself, to negotiate it, which authority was not limited by the maturity of the note. That, rule of law was unambiguously adopted by this court upon weight of authority after carefully reviewing a conflict of decision elsewhere. The right of the creditor was not predicated upon an innocent holder’s immunity from equities as between the…
2Cases cited12 opinions
- Spies v. . National City BankNew York Court of Appeals · 1903
- Andrews v. RobertsonWisconsin Supreme Court · 1901
- Marling v. JonesWisconsin Supreme Court · 1909
- Webber v. QuawWisconsin Supreme Court · 1879
- Logan County National Bank v. BarclayCourt of Appeals of Kentucky · 1898
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3Cited by3 opinions
- Michalak v. NowinskiWisconsin Supreme Court · 1936
- Comstock v. BuckleyWisconsin Supreme Court · 1911
- Hoeley v. South Side BankSupreme Court of Missouri · 1920