Kalckhoff v. Zoehklaut
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. Action for a conversion of a promissory note. The case was before this court upon appeal from an order overruling a demurrer to the complaint, and the judgment was affirmed.
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APPEAL from the County Court of Milwaukee County. Action for a conversion of a promissory note. The case was before this court upon appeal from an order overruling a demurrer to the complaint, and the judgment was affirmed. See 40 Wis., 427. The complaint alleges that the defendants, Zoehrlaut and Robert and Ferdinand Kalckhoff, executed their joint and several note to the plaintiff, Caroline Kalckhoff, for a loan of money, and afterwards wrongfully converted the same to their own use. Zoehrlmti alone answered, admitting the making of the note, but alleging that, without consideration, he…
1Opinion of the CourtCole, J.
A number of errors are assigned for a reversal of the judgment, but we do not deem it necessary to notice them in detail. In respect to some of the exceptions, it must be borne in mind that the defendant Zoehrlaut was an accommodation maker of the note in controversy. This he substantially admits in his answer. The comment made by the county judge upon his testimony, which is excepted to, would therefore seem unimportant. The county judge'stated to the jury that Zoehrlaut had testified in reference to the manner in which he had signed the note; that the witness thought he *378indorsed it, but did…
2Cited by6 opinions
- Siebert v. Jacob Dudenhoefer Co.Wisconsin Supreme Court · 1922
- Wessling v. HiebWisconsin Supreme Court · 1923
- Quinn Distributors, Inc. v. MillerWisconsin Supreme Court · 1969
- Ketchum v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1912
- State Ex Rel. Borgen v. NitzWisconsin Supreme Court · 1948
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