Arnd v. Sjoblom
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Polk county: A. J. ViNje, Circuit Judge. Suit on ordinary promissory note, dated July 26, 1906, negotiable in form. Plaintiff gave evidence that be was an innocent purchaser for value before due with no notice of any defense or invalidity.
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Appeal from a judgment of tbe circuit court for Polk county: A. J. ViNje, Circuit Judge. Suit on ordinary promissory note, dated July 26, 1906, negotiable in form. Plaintiff gave evidence that be was an innocent purchaser for value before due with no notice of any defense or invalidity. It was stipulated that tbe note was in fact given in payment for lightning rods erected upon defendant’s buildings in accordance with a prior written contract made by tbe defendant, whereupon, on motion of defendant, judgment of nonsuit was entered dismissing tbe action, from wbicb tbe plaintiff appeals.
1Opinion of the CourtDodge, J.
Tbe constitutionality of ch. 438, Laws of 1903,, as applied to notes given for lightning rods, is settled by Quiggle v. Herman, ante, p. 379, 111 N. W. 479, marking tbe distinction from its application to patent rights considered in J. H. Clark Co. v. Rice, 127 Wis. 451, 106 N. W. 231.
Appellant contends that a note taken in disobedience of tbe statute above referred to, negotiable in form, and having nothing upon its face to indicate its consideration or that it bad been given in breach of such a statute, is valid and enforceable in tbe bands of an innocent bolder for value. This contention…
2Cases cited30 opinions
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