Clark County Bank v. Christie
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ciarle County. The action was originally brought to recover the amount claimed to be due on two promissory notes of the defendant, held by the plaintiff bank.
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APPEAL from the Circuit Court for Ciarle County. The action was originally brought to recover the amount claimed to be due on two promissory notes of the defendant, held by the plaintiff bank. One of these was for $1,000, on which a payment of $141.44 was admitted, and the other was for $330. After the action was commenced, the parties agreed that the $141.44, which was indorsed on the $1,000 note, should be applied upon the $330 note instead,, which was done, and the defendant paid the. balance of that note. Thus the $330 note and the admission of the payment of $141.44 on the other note…
1Opinion of the CourtLyon, J.
Eo instruction to the jury was asked or given concerning the alleged accord and satisfaction of defendant’s indebtedness to the plaintiff bank, by the assignment of the twenty-seven shares of bank stock by the defendant to Archer; and it was not determined whether or not the testimony tended to show a valid accord and satisfaction. After the testimony was in, the subject seems to have been ignored by court and counsel. This omission was favor*12able to the plaintiff, because it eliminated from the case a very material ground of defense to the action. Counsel have argued the question whether…
2Cited by1 opinion
- Brand v. JamesWisconsin Supreme Court · 1886