Knapp v. Runals
Wisconsin Supreme Court
APPEAL from the Circuit Court for Kenosha County. Action upon two promissory notes, one executed to Knapp by Runals, May 15th, 1865, for $400, due in sixty days, of which the complaint alleged-that, no- part had been paid ; the other executed by one Jenison, March 11, 1865, payable six months from date, to the order of Runals, for $400, on which was indorsed by defendant Runals, Nov. 9, 1865, “ I hereby waive protest and demand.”
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APPEAL from the Circuit Court for Kenosha County. Action upon two promissory notes, one executed to Knapp by Runals, May 15th, 1865, for $400, due in sixty days, of which the complaint alleged-that, no- part had been paid ; the other executed by one Jenison, March 11, 1865, payable six months from date, to the order of Runals, for $400, on which was indorsed by defendant Runals, Nov. 9, 1865, “ I hereby waive protest and demand.” The ■ complaint alleged that defendant indorsed and delivered the note to plaintiff for value ; that he made such indorsement “to avoid the presentment of said note…
1Opinion of the Court
Cole. J.
Whatever doubt there might be as to the correctness of some of the rulings of the circuit court to which exceptions are taken, these errors (if such they were) become immaterial in the view we have taken of the cause.
In respect to the note of which the defendant was maker, the defense was payment. That was an affirmative defense, and the burden of establishing it was upon the defendant. The defendant alleged in his answer, and attempted to prove, that this note was paid to A. Gr. Cole, the attorney of the plaintiff, with whom it had been left for collection. The plantiff denied that…
2Cases cited1 opinion
- Wheaton & Doolittle v. FellowsNew York Supreme Court · 1840
3Cited by9 opinions
- Aebi v. Bank of EvansvilleWisconsin Supreme Court · 1905
- Nash v. HoxieWisconsin Supreme Court · 1884
- Bell v. GrimstadMontana Supreme Court · 1928
- Kuenster v. WoodhouseWisconsin Supreme Court · 1898
- Bergmann v. RollWisconsin Supreme Court · 1928
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