Hull v. Augustine
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. Action against Augustine, McKenzie and Ga/mieJe, upon a promissory note, dated November 3,1855, arid executed on that day, in the state of Illinois, by McKenzie, under the firm name of “ McKenzie, Augustine <& Co.” It appeared that said firm, consisting of the three defendants, did business in this state and not in Elinois; hut that it had dissolved and ceased to do business, August 1, 1855. There was some evidence to charge…
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APPEAL from the Circuit Court for Grant County. Action against Augustine, McKenzie and Ga/mieJe, upon a promissory note, dated November 3,1855, arid executed on that day, in the state of Illinois, by McKenzie, under the firm name of “ McKenzie, Augustine <& Co.” It appeared that said firm, consisting of the three defendants, did business in this state and not in Elinois; hut that it had dissolved and ceased to do business, August 1, 1855. There was some evidence to charge the plaintiff with knowledge of this fact at the time he took the note; but he testified in his own behalf that he had no…
1Opinion of the CourtCole, J.
Whether the defendant Augustine was bound by the note sued on, depended upon the question whether the plaintiff had notice, at the time it was given, of the previous dissolution of the partnership of McKenzie, Augustine & Co., or had knowledge of facts from which he ought to have inferred a dissolution. This was a question of fact, fairly submitted to the jury upon the evidence. To our minds, the preponderance of testimony is in favor of the supposition that the plaintiff knew, when he took the new note, that the firm was dissolved. But he testified that he had no notice thereof, and the jury…
2Cases cited4 opinions
- Rape v. HeatonWisconsin Supreme Court · 1859
- Cutler v. . WrightNew York Court of Appeals · 1860
- Thatcher v. . MorrisNew York Court of Appeals · 1854
- Brackenridge v. BaxtonIndiana Supreme Court · 1854
3Cited by12 opinions
- Bartlett v. CollinsWisconsin Supreme Court · 1901
- Grider v. DriverSupreme Court of Arkansas · 1885
- Lyannes v. LyannesWisconsin Supreme Court · 1920
- MacCarthy v. WhitcombWisconsin Supreme Court · 1901
- St. Sure v. LindsfeltWisconsin Supreme Court · 1892
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