Lusk v. Stoughton State Bank
Wisconsin Supreme Court
Apteai, from an order of the circuit court for Dane county: E. Rat Stevens, Circuit Judge. This was an action upon two certificates of deposit, one for $263.75 bearing date April 14, 1879, and bearing interest at four per cent, if left four months and at five per cent, if left six months; another for $214 bearing date September 4, 1880, and bearing interest at three per cent, if left four months and at four per cent, if left six months.
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Apteai, from an order of the circuit court for Dane county: E. Rat Stevens, Circuit Judge. This was an action upon two certificates of deposit, one for $263.75 bearing date April 14, 1879, and bearing interest at four per cent, if left four months and at five per cent, if left six months; another for $214 bearing date September 4, 1880, and bearing interest at three per cent, if left four months and at four per cent, if left six months. The form, exclusive of interest memoranda, was as follows: “This certifies that Dr. A. P. Lusle has deposited in the Stoughton State Bank $263.75 credit of…
1Opinion of the CourtTimiuh, J.
There is nothing in the record before this court from which we can ascertain when this action was commenced. The findings of fact are silent upon this subject. A conclusion of law declares that the action upon these cer*314tificates of deposit is barred by the statute of limitations and there is no bill of exceptions. Tbe case is presented here upon tbe hypothesis that more than six years intervened between the date of the last certificate of deposit and the commencement of this action. While ordinarily the conclusions of law should follow from the facts found we may, in the absence of a bill of…
2Cases cited4 opinions
- Curran v. WitterWisconsin Supreme Court · 1887
- Tripp v. CurteniusMichigan Supreme Court · 1877
- Hinsdale v. LarnedMassachusetts Supreme Judicial Court · 1819
- Curtis v. LeavittNew York Supreme Court · 1853
3Cited by3 opinions
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- O'Sullivan v. J. S. Stearns Lumber Co.Wisconsin Supreme Court · 1913
- Town of Thornapple v. CallahanWisconsin Supreme Court · 1943