Second National Bank of St. Paul v. Larson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Barron County. This action was brought to recover the amount due on a certain promissory note dated September 4,1884, made by the defendant Ole Larson and Rerta, his wife, for $4,000, and ten per cent, interest, payable to the order of Thomas P. Stone, and due September 4, 1887. The interest on the note was paid to the date last mentioned. The note was indorsed and transferred by the payee to the plaintiff after it became due.
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APPEAL from the Circuit Court for Barron County. This action was brought to recover the amount due on a certain promissory note dated September 4,1884, made by the defendant Ole Larson and Rerta, his wife, for $4,000, and ten per cent, interest, payable to the order of Thomas P. Stone, and due September 4, 1887. The interest on the note was paid to the date last mentioned. The note was indorsed and transferred by the payee to the plaintiff after it became due. The action yas originally brought against Mrs. Larson also, but was discontinued as to her on the trial. The making of the note and…
1Opinion of the CourtLyoN, J.
1. The record fails to show that any motion for a new trial was made before judgment. Counsel for defendant maintains that, because such motion was not made, this court cannot review the testimony. As a general rule of practice, this is a correct proposition. But here the plaintiff moved the court at the close of the defendant’s testimony, and again at the close of the trial, to direct the jury to return a verdict for the plaintiff for the amount unpaid on the note in suit, because of the alleged failure of the defendant to prove his counterclaim. The exception to the refusal of the court to…
2Cases cited1 opinion
- Leary v. LearyWisconsin Supreme Court · 1887
3Cited by9 opinions
- Canavan v. CanavanNew Mexico Supreme Court · 1913
- Bank of Commerce v. ElliottWisconsin Supreme Court · 1901
- McNamer v. American Insurance Co.Wisconsin Supreme Court · 1954
- Lawless v. StateWisconsin Supreme Court · 1902
- McGinn v. FrenchWisconsin Supreme Court · 1900
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