Hubbard v. Marshall
Wisconsin Supreme Court
APPEAL from the Circuit Court for Brown County. Action on two promissory notes, each for $2,517.58 and ten per cent, interest, made by the defendant to the plaintiff. Deducting indorsements, there appeared to be due on the notes by their terms about $5,500, at the date of the trial.
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APPEAL from the Circuit Court for Brown County. Action on two promissory notes, each for $2,517.58 and ten per cent, interest, made by the defendant to the plaintiff. Deducting indorsements, there appeared to be due on the notes by their terms about $5,500, at the date of the trial. The facts necessary to an understanding of the question determined by this court, are as follows: The plaintiff, one Gillen, and one Munroe, entered into a contract in writing under seal, by which the plaintiff sold to Gillen and Munroe the timber on certain lands, and agreed to convey to them certain other lands,…
1Opinion of the Court
The following opinion was filed September 21, 1880:
LyoN, J.
The rule that proof of antecedent or contemporaneous verbal agreements between the parties cannot be received to alter or control their written agreement, was applied in Underwood v. Simonds, 12 Met., 275. The action was by the payee against the maker of a promissory note, payable absolutely by its terms; and it was held that evidence was not admissible, as a defense, that the maker took property of the *325payee to dispose of as bis own; that he'sold the property tp one Gibbs and toot his note therefor, which note he was unable to…
2Cases cited11 opinions
- Butler v. Regents of the UniversityWisconsin Supreme Court · 1873
- Hunt v. AdamsMassachusetts Supreme Judicial Court · 1811
- Lowber v. ConnitWisconsin Supreme Court · 1874
- Hutchinson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Ballston Spa Bank v. Marine BankWisconsin Supreme Court · 1862
6 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Herbst v. LoweWisconsin Supreme Court · 1886
- Welz v. RhodiusIndiana Supreme Court · 1882
- Washington v. SoriaMississippi Supreme Court · 1896
- Harper v. GoldschmidtCalifornia Supreme Court · 1909
- Pickett v. GreenIndiana Supreme Court · 1889
44 more not listed; retrieve them via the Exa API.