Kiel v. Choate
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Winnebago county: Geo. W. BueNell, Circuit Judge. Oh the 6th day of April, 1888, the Ingalls, White Rapids & Northern Railway Company executed three several promissory notes, of $1,000 each, to J. K. Kiel. Kiel indorsed them in blank, and under his indorsement was the? blank indorsement of Choate dk Bray. In this condition they were negotiated to the First National Bank of Menominee, Mich.
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Appeal from a judgment of the circuit court for Winnebago county: Geo. W. BueNell, Circuit Judge. Oh the 6th day of April, 1888, the Ingalls, White Rapids & Northern Railway Company executed three several promissory notes, of $1,000 each, to J. K. Kiel. Kiel indorsed them in blank, and under his indorsement was the? blank indorsement of Choate dk Bray. In this condition they were negotiated to the First National Bank of Menominee, Mich. Kiel paid the notes to the holder, and brings this action against Choate'do Bray for contribution. He alleges that both indorsements were for the…
1Opinion of the CourtNewmaN, J.
It was settled for this court by Cady v. Shepard, 12 Wis. 639, that, where a note is indorsed by a payee and a third party, the legal inference from the instrument itself that the payee is the first indorser may be explained by oral evidence of the facts and circumstances under which the indorsement was made, in order to show the proper order of liability among the indorsers.y'The in-dorsement itself is not such a written contract between the indorsers themselves as cannot be explained by oral evidence. *519Between the indorsers, the presumption no doubt is that, as ■ between themselves, their…
2Cases cited3 opinions
- Phillips v. PrestonSupreme Court of the United States · 1846
- Cady v. ShepardWisconsin Supreme Court · 1860
- Boyd v. BeaudinWisconsin Supreme Court · 1882
3Cited by3 opinions
- Morgan v. South Milwaukee Lake View Co.Wisconsin Supreme Court · 1897
- Breitengross v. FarrWisconsin Supreme Court · 1898
- Colamatteo v. SchenkenbergerDistrict Court, E.D. Wisconsin · 1958