Griffiths v. Kellogg
Wisconsin Supreme Court
APPEAL from the -Circuit Court for Rock County. Griffiths brought Ms action in justice’s court upon a promissory note for the sum of $76.25, alleged to have been made by the defendant Pluma Kellogg to the order of Gillespie Bros., and by them sold and assigned to plaintiff before maturity. The answer admitted the making of a note for $47.50, but denied having executed any note for $76.25. Defendant had judgment, from which plaintiff appealed to the circuit court.
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APPEAL from the -Circuit Court for Rock County. Griffiths brought Ms action in justice’s court upon a promissory note for the sum of $76.25, alleged to have been made by the defendant Pluma Kellogg to the order of Gillespie Bros., and by them sold and assigned to plaintiff before maturity. The answer admitted the making of a note for $47.50, but denied having executed any note for $76.25. Defendant had judgment, from which plaintiff appealed to the circuit court. Upon the trial there, plaintiff offered in evidence the following note: “ $76.25. May 6, 1874., “ Six months after date I promise…
1Opinion of the Court
Rtait, 0. J.
We shall not attempt to examine the very many exceptions in this case, but will content ourselves with passing upon the questions arising on-the record.
The question was very fully and fairly submitted to the jury, whether the respondent voluntarily made the note in suit, or whether her signature was procured to it by a fraud practiced upon her under pretense of getting her to sign a different note for a less sum which she really owed to the lighthing-rod man. The jury found that the fraud was practiced upon her, and that she did not voluntarily make the note in suit. We entirely…
2Cases cited1 opinion
- Walker v. EbertWisconsin Supreme Court · 1871
3Cited by15 opinions
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