Meusel v. Semple
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. The case is thus stated by Mr. Justice Taylor: “ The evidence in this case shows that the plaintiff and defendant both indorsed anote of James Semple (brother of the defendant), bearing date May 29, 1874, for the sum of $1,500, payable to Joseph Kirkland or bearer, at the First Rational Pank of Oshkosh, four months after date, with interest at the rate of 10 per cent, per annum; and that at the time the note became due it…
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APPEAL from the Circuit Court for Winnebago County. The case is thus stated by Mr. Justice Taylor: “ The evidence in this case shows that the plaintiff and defendant both indorsed anote of James Semple (brother of the defendant), bearing date May 29, 1874, for the sum of $1,500, payable to Joseph Kirkland or bearer, at the First Rational Pank of Oshkosh, four months after date, with interest at the rate of 10 per cent, per annum; and that at the time the note became due it was owned and held by one Joseph Klockner. It was admitted upon the trial that the indorsement was a joint indorsement by…
1Opinion of the CourtTaylob, J.
The plaintiff bases his claim to contribution upon the ground that he and the appellant, before the note became due, requested the holder not to present it for payment, and waived protest and notice of nonpayment.
The only issue made on the trial was, whether the appellant waived such protest and notice; the proof clearly showing that the respondent did waive such protest and notice, and requested the holder not to have the same protested or notice given.
The respondent testified that a few days before the note be*88came due, “ the defendant told him he did not want the note protested; that as…
2Cited by1 opinion
- Tourville v. Nemadji Boom Co.Wisconsin Supreme Court · 1887