John Hoffmann & Sons Co. v. Parks
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Price county: G. N. Risjord, Circuit Judge. This is an action by the plaintiff as indorsee against the defendant as maker of a promissory note for $1,500 dated February 14, 1907, payable on demand to F. L. Hunt, and given as part of the purchase money for a stock of goods. The note matured on August 23, 1911, when the plaintiff demanded payment.
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Appeal from a judgment of the circuit court for Price county: G. N. Risjord, Circuit Judge. This is an action by the plaintiff as indorsee against the defendant as maker of a promissory note for $1,500 dated February 14, 1907, payable on demand to F. L. Hunt, and given as part of the purchase money for a stock of goods. The note matured on August 23, 1911, when the plaintiff demanded payment. The action was commenced July 28, 1919. Defendant denied liability by reason of the statute of limitations, sec. 4222, Stats. Plaintiff contended that the statute was tolled by payments within the six…
1Opinion of the CourtJones, J.
The principal exception of the defendant’s counsel is that the court erred in submitting the special verdict in the alternative.
Passing that subject for the present and assuming that *306the error was not fatal, the finding of the jury is based on such evidence that we cannot properly set it aside. Both the defendant and Hunt, the indorser of the note, were undoubtedly liable to the plaintiff. It does not seem inherently unreasonable that there should have been an agreement to apply the payments made by the defendant on this indebtedness. It was conceded by Hunt that this would be the easiest way…
2Cases cited10 opinions
- Lowe v. RingWisconsin Supreme Court · 1904
- Mainzinger v. MohrMichigan Supreme Court · 1879
- Dolphin v. Peacock Mining Co.Wisconsin Supreme Court · 1914
- Berger v. Abel & Bach Co.Wisconsin Supreme Court · 1910
- National Bank v. CottonWisconsin Supreme Court · 1881
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Martin v. EbertWisconsin Supreme Court · 1944
- Burmeister v. DamrowWisconsin Supreme Court · 1956
- Vlasak v. GiffordWisconsin Supreme Court · 1946
- Bliss v. GriffithsWisconsin Supreme Court · 1948