Hiner v. Newton
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lac County. Action against the defendant, Newton, as the indorser of a promissory note. The opinion states the case.
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APPEAL from the Circuit Court for Fond du Lac County. Action against the defendant, Newton, as the indorser of a promissory note. The opinion states the case. Plaintiffs demurred to the answer for insufficiency, and the demurrer being overruled, plaintiffs appealed. argued that the defendant being an indorser, could not counter-claim for damages accruing to the maker of the note, by reason of plaintiffs’ breach of contract, citing LaFarge v. Halsey, 1 Bosw., 171; Gillespie v. Torrance, 4 Bosw., 86; Same Case, 25 N. Y., 306. Such damages constitute a counter-claim, and not a mere failure of…
1Opinion of the CourtCole, J.
This case comes up on a demurrer to the answer, which was overruled by the court below. The defendant is sued as endorser of a promissory note given by one Frederick Zollner to the plaintiffs. In his answer he states that he was an accommodation endorser, and that this note and others indorsed by him were given by the maker for the purchase and manufacture of. certain machinery, which the plaintiffs agreed and undertook to furnish for the fitting up of a grist mill for Zollner. He alleges that the machinery furnished by the plaintiffs was defective, and not according to the contract; that it…
2Cases cited2 opinions
- Gillespie v. . TorranceNew York Court of Appeals · 1862
- Dolph v. RiceWisconsin Supreme Court · 1867
3Cited by8 opinions
- Becker v. NorthwaySupreme Court of Minnesota · 1890
- Carney v. GleissnerWisconsin Supreme Court · 1885
- Willoughby v. BallSupreme Court of Oklahoma · 1907
- Pendleton v. BeyerWisconsin Supreme Court · 1896
- Clark v. KingNorth Dakota Supreme Court · 1891
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