Foote v. Harrison
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Kenosha county: E. B. Bbldef, Circuit Judge. Tbe plaintiff is a resident of Chicago, Illinois. November 10, 1888, tbe defendant William H. Harrison made a promissory note for tbe sum of $1,000, dated Richmond, Illinois, payable one year from date to tbe order of tbe plaintiff, with interest at tbe rate of seven per cent.
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Appeal from an order of tbe circuit court for Kenosha county: E. B. Bbldef, Circuit Judge. Tbe plaintiff is a resident of Chicago, Illinois. November 10, 1888, tbe defendant William H. Harrison made a promissory note for tbe sum of $1,000, dated Richmond, Illinois, payable one year from date to tbe order of tbe plaintiff, with interest at tbe rate of seven per cent. November 13, 1895, judgment was rendered on this note in tbe circuit court for Kenosha county, and on tbe succeeding day tbe judgment was docketed in tbe office of tbe clerk of tbe court. Execution issued in tbe county of Kenosha…
1Opinion of the Court
SiebecKER, T.
Tbe trial court sustained a demurrer to tbe complaint upon the ground that tbe facts alleged in it show that plaintiff was wanting in due diligence in tbe enforcement of bis claim against tbe judgment debtor. It is a well-established rule that a court of equity will not lend its aid to a party who has been guilty of gross lacbes in tbe enforcement of bis rights and that it will discourage stale demands. As declared in Rogers v. Van Nortwick, 87 Wis. 414, 429, 58 N. W. 762:
“A court of equity applies tbe rule of lacbes according to its ideas of right and justice, and tbe courts…
2Cases cited1 opinion
- Rogers v. Van NortwickWisconsin Supreme Court · 1894
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