Kipp v. Smith
Wisconsin Supreme Court
Appeal from a judgment of tlie circuit court for Brown county: S. D. Hastings, Circuit Judge. This is an action upon a promissory note for $250, which, ■was one of four notes executed hy Howard J. Smith (respondent Irving 0. Smith's testator) and William L. Pfeiffer to the Advance Eire Appliance Company, a partnership, on October 31, 1903. The partnership was composed of one Scheuer and one Weinsheimer, and was engaged in manufacturing and selling an unpatented dry compound…
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Appeal from a judgment of tlie circuit court for Brown county: S. D. Hastings, Circuit Judge. This is an action upon a promissory note for $250, which, ■was one of four notes executed hy Howard J. Smith (respondent Irving 0. Smith's testator) and William L. Pfeiffer to the Advance Eire Appliance Company, a partnership, on October 31, 1903. The partnership was composed of one Scheuer and one Weinsheimer, and was engaged in manufacturing and selling an unpatented dry compound for extinguishing fires, prepared from a secret formula and known as “Blaze Killer,” and which was put up in tin tubes…
1Opinion of the CourtWinslow, C. J.
There was no direct evidence showing that the plaintiff knew the nature of the consideration given for the note in suit, but there was much evidence of a circumstantial character tending to show that he had considerable knowledge of the business in which the original payees of the note were engaged and of the circumstances under which this note, and others which he purchased at the same time, were given. There was no error, therefore, in submitting the question whether the plaintiff was a holder in due course to the jury; but the serious question on this branch of the case is as to the…
2Cases cited7 opinions
- Apollinaris Co. v. SchererU.S. Circuit Court for the District of Southern New York · 1886
- Kelley v. WhitneyWisconsin Supreme Court · 1878
- Keith v. Herschberg Optical Co.Supreme Court of Arkansas · 1886
- W. W. Roller & Co. v. OttSupreme Court of Kansas · 1875
- Hiawatha Iron Co. v. John Strange Paper Co.Wisconsin Supreme Court · 1900
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3Cited by7 opinions
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- Barthelmess v. CavalierCalifornia Court of Appeal · 1934
- Coleman v. ValentinSouth Dakota Supreme Court · 1917
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