Adams v. Wright
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Winnebago County. This was an action against Wright as, indorser of a promissory note, payable at the Bank of Oshkosh. The note was protested for non-payment, and the complaint alleged that due notice of protest and non-payment was given to the defendant : which allegation was denied by the answer. On the trial the plaintiff gave in evidence the note, with the certificate of protest annexed.
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APPEAL from tbe Circuit Court for Winnebago County. This was an action against Wright as, indorser of a promissory note, payable at the Bank of Oshkosh. The note was protested for non-payment, and the complaint alleged that due notice of protest and non-payment was given to the defendant : which allegation was denied by the answer. On the trial the plaintiff gave in evidence the note, with the certificate of protest annexed. This certificate, after stating that the note was presented at the Bank of Oshkosh on the 12th of December, 1859, which was the day it became due, and that payment was…
1Opinion of the Court
By the Court,
Dixon, O. J.
The motion for a nonsuit was properly denied. At that time the plaintiff had made out a sufficient prima facie case to charge the defendant as indor-ser. Nor was there any error in the previous proceedings. The certificate of the notary showing presentment and protest for non-payment, and service of notice upon the defendant, together with the time and mode of giving it, was received without objection. There was no impropriety in the question put to the notary as to whether he gave notice to the defendant of the protest of the note. It was obviously asked for the…
2Cases cited3 opinions
- Ireland v. KipNew York Supreme Court · 1814
- Stewart v. AllisonSupreme Court of Pennsylvania · 1821
- Westfall v. FarwellWisconsin Supreme Court · 1861
3Cited by7 opinions
- Case v. HoffmanWisconsin Supreme Court · 1893
- Iverslie v. SpauldingWisconsin Supreme Court · 1873
- Thisler v. LittleSupreme Court of Kansas · 1912
- Simmons v. PooleMassachusetts Supreme Judicial Court · 1917
- Sauer Hide Co. v. SteinWisconsin Supreme Court · 1921
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