Page v. Danaher
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milwcmhee County. The following statement of the case was originally prepared by Mr. Justice Cole, as a part of his opinion herein: “The plaintiffs, as executors of H. L. Page, deceased, brought this action to recover the amount claimed to be due on a promissory note, dated September 13,1872, for $2,115, given by the defendants as copartners and made payable to said Page or order, June 1st, 1874, with interest thereon at the rate of ten per…
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APPEAL from tbe Circuit Court for Milwcmhee County. The following statement of the case was originally prepared by Mr. Justice Cole, as a part of his opinion herein: “The plaintiffs, as executors of H. L. Page, deceased, brought this action to recover the amount claimed to be due on a promissory note, dated September 13,1872, for $2,115, given by the defendants as copartners and made payable to said Page or order, June 1st, 1874, with interest thereon at the rate of ten per cent, until paid. In the amended answer, which was verified by the defendant Melendy, it was admitted that the…
1Opinion of the CourtCole, J.
On the part of the defendants it is insisted that the onus was upon the plaintiffs to explain the alteration, and to show that the words “ after due ” were erased before the note was executed. On the other side it is said that no explanation of the change of the note was necessary; that there was nothing suspicious in the appearance of the paper which the plaintiffs were bound to remove by evidence, the legal presumption being that the alteration was made contemporaneously with the execution of the instrument.
The note is a printed form, and it is evident that the words “after due ” were…
2Cases cited2 opinions
- Daniels v. FosterWisconsin Supreme Court · 1870
- Low v. MerrillWisconsin Supreme Court · 1843
3Cited by12 opinions
- Brader v. BraderWisconsin Supreme Court · 1901
- Maldaner v. SmithWisconsin Supreme Court · 1899
- Wollman v. RuehleWisconsin Supreme Court · 1899
- Maxwell v. HartmannWisconsin Supreme Court · 1881
- Cullen v. HanischWisconsin Supreme Court · 1902
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