Frederick v. Winans
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for GTivpjpewa County. Action on a promissory note, by tbe payee against tbe maker and indorser.
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APPEAL from tbe Circuit Court for GTivpjpewa County. Action on a promissory note, by tbe payee against tbe maker and indorser. Tbe material portion of the complaint is as follows: “That on or about tbe 26th day of July, 1875, at Chippewa Palls, Chippewa county, and state of Wisconsin, tbe defendant Ambrose B. Mannahan, for value received, made and delivered to tbe plaintiff bis (tbe said defendant Manna-ban’s) promissory note in writing, dated of that day, whereby be promised to pay tbe plaintiff or order the sum of $800, at tbe First National Bank of Chippewa Palis, Wisconsin, in one year…
1Opinion of the CourtLyoN, J.
Tbe learned counsel for the respondent maintains, first, that tbe averments of tbe complaint show that the note in suit was indorsed after delivery thereof to tbe plaintiff, and hence that in law tbe plaintiff is the first indorser, and cannot maintain an action on tbe note against the respondent, who as to him stands as tbe second indorser; and second, that if the complaint is construed as alleging tbe indorsement to have been made after the delivery of tbe note to tbe payee, it is a mere accommodation indorsement, no consideration therefor being alleged, and the payee cannot maintain an…
2Cases cited3 opinions
- Cady v. ShepardWisconsin Supreme Court · 1860
- King v. RitchieWisconsin Supreme Court · 1864
- Davis v. BarronWisconsin Supreme Court · 1860
3Cited by3 opinions
- Soquet v. StateWisconsin Supreme Court · 1888
- Union Bank of Milwaukee v. Commercial Securities Co.Wisconsin Supreme Court · 1916
- Blakeslee v. HewettWisconsin Supreme Court · 1890