First National Bank v. Miller
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Shawano •county: John Goodland, Circuit Judge. Action to recover of an indorser on an instrument of which ■the following is a copy: “Shawano, Wis., Feb. 24, 1905. $140.00. “One year after date for value received I promise to pay ■John Popp, or order, at the First National Banlc, one hundred forty dollars, with interest at the rate of 6 per cent, per annum from date until paid and 10 per cent, attorney’s fees if collected by…
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Appeal from a judgment of the circuit court for Shawano •county: John Goodland, Circuit Judge. Action to recover of an indorser on an instrument of which ■the following is a copy: “Shawano, Wis., Feb. 24, 1905. $140.00. “One year after date for value received I promise to pay ■John Popp, or order, at the First National Banlc, one hundred forty dollars, with interest at the rate of 6 per cent, per annum from date until paid and 10 per cent, attorney’s fees if collected by attorney, or if suit is brought upon this'note. Yalue received. Paul Anker.” Indorsed on back across same: “John Miller.…
1Opinion of the CourtMarshall, J.
The court is of the opinion that, by the fair meaning of the instrument sued on, payment of attorney’s fees was provided for only on collection by an attorney *128after dishonor'. That would seem to be the case as an original matter, and like clauses in similar instruments have uniformly received that construction, as indicated in cases cited-to our attention and others: Sperry v. Horr, 32 Iowa, 184;. Shenandoah Nat. Bank v. Marsh, 89 Iowa, 273, 56 N. W. 458; Farmers’ Nat. Bank v. Sutton Mfg. Co. 52 Fed. 191.
Such being the case the instrument was negotiable under sec. 1675 — 2 of the Negotiable…
2Cases cited7 opinions
- Sperry v. HorrSupreme Court of Iowa · 1871
- W. W. Kimball Co. v. MellonWisconsin Supreme Court · 1891
- Farmers' Nat. Bank v. Sutton Manuf'g Co.Court of Appeals for the Sixth Circuit · 1892
- First National Bank of Stillwater v. LarsenWisconsin Supreme Court · 1884
- Morgan v. EdwardsWisconsin Supreme Court · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Nickell v. BradshawOregon Supreme Court · 1919
- Long v. ShaferMissouri Court of Appeals · 1914
- First National Bank v. CareySupreme Court of Minnesota · 1922
- Hutson v. RankinIdaho Supreme Court · 1922
- Tenaska Frontier Partners, Ltd. v. Sullivan, Texas Court of Appeals, 14th District (Houston)2008
4 more not listed; retrieve them via the Exa API.