Stacy v. Dane County Bank
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Dane County. iStacy and Thomas sued tbe Lane County Bank upon an alleged undertaking duly to }Dresent for payment a note sent by tbem to said bank for collection, and, if not paid, to take tbe proper steps to charge tbe indorser; breach, tbat tbe note was not duly presented for payment by said bank, nor tbe indorser duly notified' of its non-payment, by means of wbicb tbe indorser was discharged, and, tbe makers of tbe note being insolvent,…
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APPEAL from tbe Circuit Court for Dane County. iStacy and Thomas sued tbe Lane County Bank upon an alleged undertaking duly to }Dresent for payment a note sent by tbem to said bank for collection, and, if not paid, to take tbe proper steps to charge tbe indorser; breach, tbat tbe note was not duly presented for payment by said bank, nor tbe indorser duly notified' of its non-payment, by means of wbicb tbe indorser was discharged, and, tbe makers of tbe note being insolvent, tbe debt was lost. Trial by tbe court. Tbe evidence was as follows: On tbe 14th of May, 1858, tbe plaintiffs, who…
1Opinion of the Court
By the Court,
Paine, J.
The respondent received from the appellants, for collection, a note against parties residing in Stoughton, about twenty miles distant from Madison, where the bank is located. It was placed by the bank, in due time, in the hands of the American Express Company, a part of whose business was to collect commercial paper, and was taken by it to Stoughton, and delivered to a notary public, who presented and protested it on the second day of grace, whereby the indorser was discharged, and the debt lost. This suit is now brought against the bank to recover its amount.
The theory…
2Cases cited6 opinions
- Allen v. Merchant's BankCourt for the Trial of Impeachments and Correction of Errors · 1839
- East-Haddam Bank v. ScovilSupreme Court of Connecticut · 1837
- Bellemire v. Bank of United StatesSupreme Court of Pennsylvania · 1839
- Citizens Bank v. John A. Howell & Bros.Court of Appeals of Maryland · 1855
- S. & M. Allen v. Merchants BankNew York Supreme Court · 1836
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Exchange Nat. Bank of Pittsburgh v. Third Nat. Bank of NYSupreme Court of the United States · 1884
- Guelich v. National State BankSupreme Court of Iowa · 1881
- Simpson v. WaldbyMichigan Supreme Court · 1886
- First National Bank v. SpragueNebraska Supreme Court · 1892
- Bank of Lindsborg v. Ober & HagemanSupreme Court of Kansas · 1884
7 more not listed; retrieve them via the Exa API.