Legal Opinion

Klauber v. Biggerstaff

Wisconsin Supreme Court

Decided August 15, 1879PublishedCited by 19 opinions

APPEAL from the Circuit Court for Dane County. In an action against one Slater and one Ball, plaintiffs, on the 7th of December, 1878, garnished the State Bank of Madison, Wis., as being indebted to Slater or having in its possession personal property belonging to him.

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APPEAL from the Circuit Court for Dane County. In an action against one Slater and one Ball, plaintiffs, on the 7th of December, 1878, garnished the State Bank of Madison, Wis., as being indebted to Slater or having in its possession personal property belonging to him. The garnishee denied that it was liable, unless it were by reason of having issued to Slater a certificate of deposit as follows: “ $1000, Madison, Wis., Nov. 19, 1878. D. S. Slater, Esq., has deposited in the State Bank one thousand dollars, payable to himself in currency on the return of this certificate. [Signed by the…

1Opinion of the CourtRyan, C. J.

The controlling question in this case is, whether *555the certificate of deposit stated in the proceedings is negotiable.

“ A promissory note may be defined to be a written engagement by one person to pay another person therein named, absolutely and unconditionally, a certain sum of money at a time specified therein.” Story on Prom. Notes, § 1. The ordinary form of a certificate of deposit of money falls precisely within the definition, and it seems strange that there ever was a doubt that it was in law a negotiable promissory note. O'Neill v. Bradford, 1 Pin., 890, and cases there cited. Such…

2Cases cited19 opinions

  1. Knox v. LeeSupreme Court of the United States · 1871
  2. Veazie Bank v. FennoSupreme Court of the United States · 1869
  3. President of the Bank of the United States v. President of the Bank of GeorgiaSupreme Court of the United States · 1825
  4. Thompson v. RiggsSupreme Court of the United States · 1867
  5. Mann v. MannNew York Court of Chancery · 1814

14 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. State v. HillNebraska Supreme Court · 1896
  2. State v. QuackenbushSupreme Court of Minnesota · 1906
  3. Curran v. WitterWisconsin Supreme Court · 1887
  4. Williams v. WilliamsWisconsin Supreme Court · 1882
  5. People v. ClarkIllinois Supreme Court · 1912

14 more not listed; retrieve them via the Exa API.

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