Jenkins v. Schaub
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milwaukee County. Action on a promissory note made by tbe defendants, October 1, 1855, payable four years from date, to Ebenezer Jenkins, or bearer, and alleged to have been indorsed by Mm to tbe plaintiff, William H. Jenkins, before it fell due.
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APPEAL from tbe Circuit Court for Milwaukee County. Action on a promissory note made by tbe defendants, October 1, 1855, payable four years from date, to Ebenezer Jenkins, or bearer, and alleged to have been indorsed by Mm to tbe plaintiff, William H. Jenkins, before it fell due. Tbe defense was that tbe note was given without consideration ; that it was still owned by tbe payee, who bad indorsed it to the plaintiff after it fell due, for the purpose of cutting the defense; and that the plaintiff received the note with knowledge of all the facts. On the trial, the plaintiff read in evidence…
1Opinion of the Court
By the Court,
Oole, J.
It appears that on the trial of this cause the counsel for the appellants offered a witness for the purpose of proving that the note sued on was given without consideration, and also to .establish the several allegations in the answer, except those relating to the ownership of the note and the transfer of the same to the respondent — stating that he should ask leave of the court, under instructions, to submit the question to the jury, whether or not the note was taken by the respondent virtually as collateral security for a pre-existing debt due from the payee to the…
2Cited by4 opinions
- Bowman v. Van KurenWisconsin Supreme Court · 1871
- Knutson v. BostrakWisconsin Supreme Court · 1898
- Holmes v. WebbWisconsin Supreme Court · 1917
- In re HowardDistrict Court, D. Maryland · 1873