Michigan Ins. Bank v. Eldred
U.S. Circuit Court for the District of Eastern Wisconsin
This was an action upon a promissory note for $4,000, dated June 12,1861, made by F. E. Eldred, payable in sixty days, to order of and indorsed by Eldred & Baleom. At the trial, the plaintiff introduced in evidence the note sued on, and after presenting some other testimony not necessary to mention, rested.
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This was an action upon a promissory note for $4,000, dated June 12,1861, made by F. E. Eldred, payable in sixty days, to order of and indorsed by Eldred & Baleom. At the trial, the plaintiff introduced in evidence the note sued on, and after presenting some other testimony not necessary to mention, rested. To bar a recovery, the defendant, Anson Eldred, introduced in evidence the record of a judgment recovered May 13, 1862, upon this note by the above-named plaintiff against the defendant, in the circuit court of Wayne county, in the state of Michigan. Other testimony not important to notice…
1Opinion of the Court
DYER, District Judge.
I have re-examined the question involved in this cause and the authorities cited by counsel. Upon the single issue presented by the note and the Michigan judgment, the defendant would of necessity be entitled to a verdict, as that judgment would bar a recovery on the note. Eldred v. Michigan Ins. Bank, 17 Wall. [84 U. S.] 545. Could the plea of nul tiel record interposed by the defendant, Anson Eldred, in the suit brought in Wisconsin upon the Michigan judgment, operate as an estoppel so as to preclude him from setting up that judgment in the present action as a bar to…
2Cases cited9 opinions
- Michigan Insurance Bank v. EldredSupreme Court of the United States · 1892
- Brown v. . BowenNew York Court of Appeals · 1864
- Sheldon v. . EdwardsNew York Court of Appeals · 1866
- Michigan Insurance Bank v. EldredSupreme Court of the United States · 1889
- Norton v. KearneyWisconsin Supreme Court · 1860
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3Cited by1 opinion
- Ger V. Xiong and Jia XiongUnited States Bankruptcy Court, E.D. Wisconsin · 2025