Foster v. Clifford
Wisconsin Supreme Court
APPEAL from the Circuit Court for Portage County. Action by Foster, as indorser of a bill of exchange, against James Fall as drawer, The Monitor Iron Works Oomjpamj as payee, and W. J. Clifford as acceptor thereof.
Read the full summary
APPEAL from the Circuit Court for Portage County. Action by Foster, as indorser of a bill of exchange, against James Fall as drawer, The Monitor Iron Works Oomjpamj as payee, and W. J. Clifford as acceptor thereof. The complaint alleges that plaintiff was an. accommodation indorser, before maturity of tbe bill; that said bill was negotiated and transferred in the usual course of business to a bank, before its maturity; and that at maturity it was duly presented for payment at the place named in the acceptance, protested for nonpayment, etc. The answers of Clifford and Hall alleged as a…
1Opinion of the CourtCole, J.
This was an action by the indorser against the drawer, payee and acceptor of a bill of exchange. The payee made default. The drawer and acceptor set up in their answers, as. a defense, that the bill in question was given and accepted on condition that the payee would surrender and deliver up a certain promissory note, which it held against a *571third person; and parol evidence of the agreement was given oil the trial, against the plaintiff’s objection, and to show that this condition had not been fulfilled. The main question in the case is, whether parol evidence of this oral agreement, alleged…
2Cases cited6 opinions
- Bank of United States v. DunnSupreme Court of the United States · 1832
- Forsythe v. KimballSupreme Court of the United States · 1876
- Specht v. HowardSupreme Court of the United States · 1873
- Charles v. DenisWisconsin Supreme Court · 1877
- Brown v. WileySupreme Court of the United States · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Holland Banking Co. v. DicksSupreme Court of Oklahoma · 1917
- Liebscher v. KrausWisconsin Supreme Court · 1889
- McDonald v. GardnerWisconsin Supreme Court · 1882