Williams v. Riches
Wisconsin Supreme Court
APPEAL from the Circuit Court for Portage County. The following statement of the case was prepared by Mr. Justice Cassodat : This action was commenced February 15,1888, upon a promissory note dated October 2, 1876, alleged to have been executed by the defendant’s intestate, John Riches, payable to the order of one Thomas Welch, for $326. 75, payable April 25, 1877, with interest.
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APPEAL from the Circuit Court for Portage County. The following statement of the case was prepared by Mr. Justice Cassodat : This action was commenced February 15,1888, upon a promissory note dated October 2, 1876, alleged to have been executed by the defendant’s intestate, John Riches, payable to the order of one Thomas Welch, for $326. 75, payable April 25, 1877, with interest. It is alleged in the complaint that there was paid and indorsed thereon to Welch, April 10, 1879, $25; also, June 1, 1882, $35; and that Welch indorsed, and transferred the note to the plaintiff, September 20,1886.…
1Opinion of the CourtOassoday, J.
Under the pleadings, the plaintiff was required to prove tbe execution of the note by John Eiches. Sec. 4192, R. S. The evidence of such signing by John Eiches was certainly very weak. The note purported to be signed by John Eiches’ making his mark. It was proved that neither he nor the payee, Thomas "Welch, was able to write his name. The daughter of Mr. Welch testified to the effect that April 10, 1879, and when she was about ten years of age, at her father’s house, and at the request of both her father and John Eiches, she then and there made the indorsement thereon of $25, as it appeared…
2Cases cited1 opinion
- Grace v. McArthurWisconsin Supreme Court · 1890
3Cited by2 opinions
- McGlasson v. StateCourt of Criminal Appeals of Texas · 1897
- Humphrey v. StateWisconsin Supreme Court · 1891