Aukland v. Arnold
Wisconsin Supreme Court
Aupeal from a judgment of the circuit court for Ashland county: JohN K. Pakish, Circuit Judge. An action on a joint and several promissory note for $933.34, dated April 14, 1903, payable two years after date to the order of W. S. Gilmore & Co., signed by all of the defendants. Before the maturity of the note it was negotiated for value by W. S. Gilmore & Co-, to the plaintiff. All the defendants except two appeared and answered.
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Aupeal from a judgment of the circuit court for Ashland county: JohN K. Pakish, Circuit Judge. An action on a joint and several promissory note for $933.34, dated April 14, 1903, payable two years after date to the order of W. S. Gilmore & Co., signed by all of the defendants. Before the maturity of the note it was negotiated for value by W. S. Gilmore & Co-, to the plaintiff. All the defendants except two appeared and answered. They allege that their signatures were obtained by fraudulent representations of Gilmore & Co.’s agent as to the nature of the papers signed, alleging that they were…
1Opinion of the CourtSiebecker, J.
Tbe fact stands uncontradicted by tbe record, as above stated, that one of tbe signatures to- tbe note sued on was procured under circumstances showing that tbe person so signing did not know tbe character and nature of tbe instrument and could not have obtained such knowledge by tbe use of ordinary care. Appellant concedes that bis title to tbe note is absolutely void p,s against tbe person whose signature was so procured, but insists that tbis fact in no way affe'cts tbe validity of tbe note as against tbe other persons who 'signed it, if their signatures were not so procured. Whether tbis…
2Cases cited5 opinions
- Hodge v. SmithWisconsin Supreme Court · 1907
- Walker v. EbertWisconsin Supreme Court · 1871
- Butler v. CarnsWisconsin Supreme Court · 1875
- Franklin v. KillileaWisconsin Supreme Court · 1905
- Keller v. RuppoldWisconsin Supreme Court · 1902
3Cited by5 opinions
- Swanke v. HerdemanWisconsin Supreme Court · 1909
- Columbian Banking Co. v. BowenWisconsin Supreme Court · 1908
- Green v. GunstenWisconsin Supreme Court · 1913
- Heineman v. Old National BankWisconsin Supreme Court · 1914
- Klosterhuber v. Wisconsin State BankWisconsin Supreme Court · 1935