Giffert v. West
Wisconsin Supreme Court
. APPEAL from tbe Circuit Court for Saule County. West sold and delivered to one Bishop a promissory note for $380, then past due, drawn by Noyes & Blevin to the order of Nathan Halloway, and indorsed by Halloway in blank. Bishop afterwards sold and delivered the note to the plaintiff, Giffert, who obtained judgment thereon against the makers, upon which an execution was issued and returned unsatisfied.
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. APPEAL from tbe Circuit Court for Saule County. West sold and delivered to one Bishop a promissory note for $380, then past due, drawn by Noyes & Blevin to the order of Nathan Halloway, and indorsed by Halloway in blank. Bishop afterwards sold and delivered the note to the plaintiff, Giffert, who obtained judgment thereon against the makers, upon which an execution was issued and returned unsatisfied. Gif-fert then sued Halloway, the indorser, who successfully defended on the ground of usury in the indorsement. Ciffert then brought this action against West, to recover damages for the breach…
1Opinion of the Court
Dixosr, O. J.
The action is to recover damages for the breach of an express warranty that Halloway-was an indorser of the note, that proper steps had been taken to charge him as such,- and that he was bound and legally liable in that capacity at the time of the transfer of the note by the defendant to *621Bisbop, as whose assignee of the note and of tbe contract of warranty tbe plaintiff brings suit. Sucb is tbe cause of action stated in the complaint, in which the plaintiff avers “that for the purpose of effecting such sale and transfer, and to induce the said Bishop to accept and purchase said…
2Cases cited16 opinions
- Batman v. MegowanCourt of Appeals of Kentucky · 1859
- Potter v. . Merchants' BankNew York Court of Appeals · 1863
- Hocker v. GentryCourt of Appeals of Kentucky · 1861
- Hurd v. HallWisconsin Supreme Court · 1860
- Delaware Bank v. . JarvisNew York Court of Appeals · 1859
11 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- J. I. Case Plow Works v. Niles & Scott Co.Wisconsin Supreme Court · 1895
- McClure v. . Central Trust Co.New York Court of Appeals · 1900
- Meyer v. RichardsSupreme Court of the United States · 1896
- Hoffman v. DixonWisconsin Supreme Court · 1900
- Carroll v. NodineOregon Supreme Court · 1902
19 more not listed; retrieve them via the Exa API.