Fosila v. O'Donnell
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Langlade county: JohN GoodlaNd, Circuit Judge. This is an action to recover on two promissory notes executed by tbe defendant Prosser to tbe plaintiff, one for $200 and tbe other for $245, both bearing date of August 19, 1891. Tbe notes were given as a part of .the purchase price of a lot in the city of Antigo.
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Appeal from a judgment of tbe circuit court for Langlade county: JohN GoodlaNd, Circuit Judge. This is an action to recover on two promissory notes executed by tbe defendant Prosser to tbe plaintiff, one for $200 and tbe other for $245, both bearing date of August 19, 1891. Tbe notes were given as a part of .the purchase price of a lot in the city of Antigo. At tbe time of tbe execution of’ tbe notes respondent executed a land contract whereby she-agreed upon tbe payment of tbe notes to convey tbe land to J. W. Prosser, one of tbe defendants. Prosser took possession of tbe premises and…
1Opinion of the CourtSiBBBCKER, J.
The cause of action set out in tbe complaint is to recover on two promissory notes against defendant Prosser as tbe maker, and against tbe defendant 0JDon-nell upon tbe ground tbat be agreed to pay them out of tbe money due Prosser from him. Tbe defendant O'Donnell •defends upon two grounds: (1) Tbat be at no time agreed to pay bis debt to Prosser by paying these notes held by plaint*340iff; and (2) that whatever claim plaintiff may have had against him was fully compromised and paid under written settlement between them in a former action brought on another note arising out of the same…
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