Woodward v. Smith
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Outa-gamie county: John Goodland, Circuit Judge. Plaintiff sued upon an order in the following words: “ Mission, Outagamie Co., Wis. June 1, 1897. “ Buokstaff-JEdmards Co.: “Please pay to the order of G. E. Woodward and Ed. Erickson the sum of $600, the same to be the last $600 due me on my contract, and charge the same to my account. “ Joseph Smith ” which order was indorsed to him in blank by G. E. Wood- ■ ward and Ed.
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Appeal from a judgment of the circuit court for Outa-gamie county: John Goodland, Circuit Judge. Plaintiff sued upon an order in the following words: “ Mission, Outagamie Co., Wis. June 1, 1897. “ Buokstaff-JEdmards Co.: “Please pay to the order of G. E. Woodward and Ed. Erickson the sum of $600, the same to be the last $600 due me on my contract, and charge the same to my account. “ Joseph Smith ” which order was indorsed to him in blank by G. E. Wood- ■ ward and Ed. Erickson. It appeared that at the'time of the giving of said order, to the knowledge of the plaintiff, defendant was…
1Opinion of the CourtDodoe, J.
The law governing the situation presented is elementary. The order in question is not negotiable, being payable out of a specified fund. Brill v. Hoile, 53 Wis. 537; Bank of Iron River v. School Directors of Iron River, 91 Wis. 597. Further, the plaintiff had notice of the defenses set up. For both these reasons, he took it subject to all defenses available against the original payees. Failure of consideration in nonperformance of their contract by Woodward & Erickson would be a good defense. Randolph, Commercial Paper, § 556; Folger v. Dousman, 37 Wis. 619; Ward v. Perrigo, 33 Wis. 143. The…
2Cases cited3 opinions
- Brill v. HoileWisconsin Supreme Court · 1881
- Ward v. PerrigoWisconsin Supreme Court · 1873
- Folger v. DousmanWisconsin Supreme Court · 1875
3Cited by1 opinion
- Woodward v. SmithWisconsin Supreme Court · 1901