Johnson v. Weed & Gumaer Manufacturing Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Ashland county: Toot K. Paeish, Circuit Judge. This is an action upon a promissory note executed by one S. H. Smith, and indorsed by the defendant, under circumstances hereinafter stated. Defendant is a corporation doing business at 'Weyauwega, Wisconsin. Some years ago it opened a branch of its business at Ashland, Wisconsin, under the management of Smith.
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Appeal from a judgment of the circuit court for Ashland county: Toot K. Paeish, Circuit Judge. This is an action upon a promissory note executed by one S. H. Smith, and indorsed by the defendant, under circumstances hereinafter stated. Defendant is a corporation doing business at 'Weyauwega, Wisconsin. Some years ago it opened a branch of its business at Ashland, Wisconsin, under the management of Smith. Under their arrangements with him, Smith became in fact a partner in the business at that place. They conducted a store, selling groceries, flour, feed, etc., furnishing loggers. In the…
1Opinion of the CourtBardeen, J.
The facts in this case are substantially without dispute. The note in suit was given bjr Smith to pay the balance due on the timber he had purchased from plaintiff. At that time plaintiff had adequate security for the money due him, and he accepted the note with defendant’s indorsement thereon in satisfaction and payment of such balance. He relied upon the faith and credit of such indorsement, released his lien upon the logs, and acknowledged payment of the amount due on his contract. He had no knowledge *295of the circumstances set up by defendant to defeat such in-dorsement. He took the note,…
2Cases cited6 opinions
- Bank of Pittsburgh v. NealSupreme Court of the United States · 1860
- Johnston Harvester Co v. McLeanWisconsin Supreme Court · 1883
- Cady v. ShepardWisconsin Supreme Court · 1860
- Snyder v. Van DorenWisconsin Supreme Court · 1879
- Davis v. BarronWisconsin Supreme Court · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Norman F. Thiex, Inc. v. General Motors Acceptance Corp.Wisconsin Supreme Court · 1935
- Adam v. New England Investment Co.Supreme Court of Rhode Island · 1911
- Smith v. WillingWisconsin Supreme Court · 1904
- Pavilis v. Farmers Union Livestock CommissionSouth Dakota Supreme Court · 1941
- Rodefer v. BrookingMissouri Court of Appeals · 1921