Boss v. Hewitt
Wisconsin Supreme Court
APPEAL from the Circuit Court for Columbia County. Action to foreclose a mortgage given by Hewitt to McAl-lister and Rosier to secure four promissory notes, payable to their order and by them indorsed to the plaintiff, one for $125, and the others for $425 each, and due respectively on the 1st of October, 1857,1858,1859 and 1860. The defense was, that the notes were given for the price of certain sheep, sold by the payees to Hewitt, and which they falsely and fraudulently…
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APPEAL from the Circuit Court for Columbia County. Action to foreclose a mortgage given by Hewitt to McAl-lister and Rosier to secure four promissory notes, payable to their order and by them indorsed to the plaintiff, one for $125, and the others for $425 each, and due respectively on the 1st of October, 1857,1858,1859 and 1860. The defense was, that the notes were given for the price of certain sheep, sold by the payees to Hewitt, and which they falsely and fraudulently represented to him to be Spanish Merino and French Merino sheep; that after discovering the fraud, Hew'itt offered to…
1Opinion of the Court
By the Court,
Paine, J.
This judgment must be reversed, for the reason that on the pleadings and facts found by the jury, no defense was shown to the plaintiff’s claim upon any of the notes except the first.
It appeared from the allegations of the complaint, not denied by the answer, that the plaintiff was a purchaser of the notes for value before they were due, with the exception of the first, which was Over due. The answer does not allege any knowledgeby the plaintiff, of the fraud in the original consideration, and unless the fact, which appears on the face of the complaint, that the first…
2Cited by8 opinions
- Morton & Bliss v. New Orleans & Selma Railway Co.Supreme Court of Alabama · 1885
- Kelley v. WhitneyWisconsin Supreme Court · 1878
- Patterson v. WrightWisconsin Supreme Court · 1885
- Bank of Edgefield v. Farmers' Co-operative Manuf'g Co.Court of Appeals for the Fifth Circuit · 1892
- Hodge v. WallaceWisconsin Supreme Court · 1906
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