German American Savings Bank v. Fritz
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lae County. The following statement of the case was prepared by Mr. Justice Cassoday: It appears from the record that the defendant Servatius made his two promissory notes, each payable to the order of the defendants Fritz and Blankenburg, both of whom indorsed each of said notes for the accommodation of said Servatius, one bearing date January 19, 1877, for $1,000 and interest, and the other bearing date April 25, 1877, for…
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APPEAL from the Circuit Court for Fond du Lae County. The following statement of the case was prepared by Mr. Justice Cassoday: It appears from the record that the defendant Servatius made his two promissory notes, each payable to the order of the defendants Fritz and Blankenburg, both of whom indorsed each of said notes for the accommodation of said Servatius, one bearing date January 19, 1877, for $1,000 and interest, and the other bearing date April 25, 1877, for $1,025.83 and interest, and each of which was, at the time of the making thereof, discounted by Servatius for his own 'benefit…
1Opinion of the CourtCassoday, J.
We have carefully examined the numerous cases cited by the respective counsel, and many others. The contrariety in the opinions of different courts may, to some extent, be reconciled by a strict regard to the particular facts inducing each particular expression of opinion, and whether such utterance had reference to the respective rights of the parties or only to the proper remedy for the determination and enforcement of such rights. These distinctions may be fairly illustrated by the case at bar. Ser-vatius was the maker of both notes, and primarily liable thereon. Fritz and Blankenburg were…
2Cases cited10 opinions
- Lidderdale's Executors v. of RobinsonSupreme Court of the United States · 1827
- Smith v. RumseyMichigan Supreme Court · 1876
- Furnold v. Bank of the StateSupreme Court of Missouri · 1869
- Townsend v. . WhitneyNew York Court of Appeals · 1878
- Fleming v. BeaverSupreme Court of Pennsylvania · 1828
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3Cited by9 opinions
- Boutin v. EtsellWisconsin Supreme Court · 1901
- Town of Washburn v. LeeWisconsin Supreme Court · 1906
- Estate of Onstad v. OnstadWisconsin Supreme Court · 1937
- Merchants National Bank v. Great Falls Opera House Co.Montana Supreme Court · 1899
- In re BlanchardDistrict Court, D. New Jersey · 1918
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