Churchill v. Welsh
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ciarle County. The case is thus stated by Mr. Justice Tatloe: “ This action was brought to recover the value of twenty-one promissory notes of one hundred dollars each, given by one T. C. Hartford to the plaintiff, bearing date the 5th day of September, 1877; payable, the first in forty days after date, the second in forty days after the first became due, and the third in forty days after the maturity of the second, and so fin, one of said…
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APPEAL from the Circuit Court for Ciarle County. The case is thus stated by Mr. Justice Tatloe: “ This action was brought to recover the value of twenty-one promissory notes of one hundred dollars each, given by one T. C. Hartford to the plaintiff, bearing date the 5th day of September, 1877; payable, the first in forty days after date, the second in forty days after the first became due, and the third in forty days after the maturity of the second, and so fin, one of said notes maturing at the end of each succeeding forty days after the 5th of September, 1877, with interest at the rate of…
1Opinion of the CourtTayloe, J.
The evidence upon the trial was conflicting; and if the number of witnesses was conclusive as to the weight of the evidence, certainly the weight of the evidence was in favor of the theory of the defense, that the notes were to remain in the hands of the defendant, not, as set out in the answer, until the debts of the firm of Ohurchill & Co. were paid, but until the notes themselves were paid.
The plaintiff denies the alleged partnership, and denies that he agreed that either the firm debts or other debts owing by Hartford should be paid before the notes were paid. lie claimed that he wanted…
2Cases cited9 opinions
- Hart v. SkinnerSupreme Court of Vermont · 1844
- Jones v. EvansWisconsin Supreme Court · 1871
- McKay v. . DraperNew York Court of Appeals · 1863
- Rutland & Washington Railroad v. Bank of MiddleburySupreme Court of Vermont · 1860
- Wheeler v. PerelesWisconsin Supreme Court · 1877
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- First Wisconsin National Bank v. KSW Investments Inc.Wisconsin Supreme Court · 1976
- Warder v. BaldwinWisconsin Supreme Court · 1881
- Carpenter v. American Building & Loan Ass'nSupreme Court of Minnesota · 1893
- Cernahan v. ChrislerWisconsin Supreme Court · 1900
- City of Appleton v. SauerWisconsin Supreme Court · 1956
8 more not listed; retrieve them via the Exa API.