Bond v. Wiltse
Wisconsin Supreme Court
APPEAL from the Circuit Court for Kenosha County. The case is sufficiently stated in the opinion of the court. The co-defendant of Wiltse was one Tymeson, whose name was signed, as auctioneer, to the advertisement by Wiltse of the sale of the note for $5,000, pledged to him as security for the loan of $2,000. 1. Wiltse, having taken the note of the respondents, without notice of the purposes for which it was made, as a security for the payment of an indebtedness not…
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APPEAL from the Circuit Court for Kenosha County. The case is sufficiently stated in the opinion of the court. The co-defendant of Wiltse was one Tymeson, whose name was signed, as auctioneer, to the advertisement by Wiltse of the sale of the note for $5,000, pledged to him as security for the loan of $2,000. 1. Wiltse, having taken the note of the respondents, without notice of the purposes for which it was made, as a security for the payment of an indebtedness not pre-existent, but contracted at the time of such taking, is a lona fide holder for value. Bay vs. Coddington, 20 John. B., 637;…
1Opinion of the Court
By the Court,
Cole, J.
A demurrer was filed to the complaint in this case, on the ground that the same did not state facts sufficient to constitute a cause of action. The circuit court held the complaint good, and from the' order overruling the demurrer this appeal is brought. We are, however, of the opinion that the demurrer was well taken, and that it should have been sustained.
Without attempting to give the complaint at length, we will say that, according to our understanding of it, it discloses the following facts: On or about the 5th day of May, *6131857, the respondents made and delivered…
2Cases cited4 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- Coddington v. BayCourt for the Trial of Impeachments and Correction of Errors · 1822
- Wheeler v. . NewbouldNew York Court of Appeals · 1857
- Wheeler v. NewbouldThe Superior Court of New York City · 1855
3Cited by5 opinions
- Koehler v. DodgeNebraska Supreme Court · 1891
- Miller v. OttawayMichigan Supreme Court · 1890
- Curtis v. MohrWisconsin Supreme Court · 1864
- Kinkel v. HarperColorado Court of Appeals · 1895
- Kinkel v. HarperColorado Court of Appeals · 1895