Hart v. Stickney
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee -County. Action upon a promissory note of the defendants, George Farrow, James 8. Stickney and Edward Goulthard, |for $1,000, dated May 1, 1873, running to Thomas W. Hart or order, payable two years from date, with interest at seven per cent., payable annually. Plaintiff, Thomas JB. Mart, claims as indorsee for value, before due.
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APPEAL from the Circuit Court for Milwaukee -County. Action upon a promissory note of the defendants, George Farrow, James 8. Stickney and Edward Goulthard, |for $1,000, dated May 1, 1873, running to Thomas W. Hart or order, payable two years from date, with interest at seven per cent., payable annually. Plaintiff, Thomas JB. Mart, claims as indorsee for value, before due. The answer of Stiohney denies that the note was transferred to the plaintiff for value before due, and alleges that it was put into his hands after settlement and payment thereof, with knowledge on his part of such…
1Opinion of the CourtCole, J.
The main questions in this case arise upon exceptions taken to the refusal of the circuit court to give instructions asked on the part of the plaintiff, and on exceptions to certain portions of the charge. The first question to be considered is, Did the court state the law correctly as to what would amount to a dishonor of the note, so as to subject it to equities existing between the original parties? Upon that point the circuit court inj substance held, that where a note is for the payment of money at a specified time, with interest payable annually, and the note is sold by the payee to a…
2Cases cited1 opinion
- Newell v. GreggNew York Supreme Court · 1868
3Cited by11 opinions
- Loose v. StateWisconsin Supreme Court · 1903
- McPherrin v. TittleSupreme Court of Oklahoma · 1913
- Oconto Co. v. BaconWisconsin Supreme Court · 1923
- Kelley v. WhitneyWisconsin Supreme Court · 1878
- City of New Port Richey v. Fidelity & Deposit Co. of MarylandCourt of Appeals for the Fifth Circuit · 1939
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