Westberg v. Chicago Lumber & Coal Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Bayfield county: JohN K. Parish, Circuit Judge. Action upon a negotiable bill'of exchange drawn upon tbe defendant in favor of tbe plaintiff by tbe Lien-Neally Lumber Company for $585, alleged to bave been accepted by tbe defendant. Tbe answer was a general denial.
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Appeal from a judgment of the circuit court for Bayfield county: JohN K. Parish, Circuit Judge. Action upon a negotiable bill'of exchange drawn upon tbe defendant in favor of tbe plaintiff by tbe Lien-Neally Lumber Company for $585, alleged to bave been accepted by tbe defendant. Tbe answer was a general denial. Tbe evidence disclosed that the Lien-Neally Lumber Company, sawmill owners, had purchased from the plaintiff certain logs or stumpage amounting to $585; that they had sold product of their mill, including that of these logs, to the defendant, and were in the habit of making orders and…
1Opinion of the CourtDodge, J.
Eendition of judgment in favor of plaintiff in this case can be justified only on one of two theories — either that in law an implication of acceptance results from the mere physical receipt of a bill of exchange by the drawee, followed by silence, or that all other facts essential to such implication were undisputed or were supported by inference from undis-' puted facts so clear and unavoidable that no reasonable mind could draw any other. Appellant had the right to have each controverted question of fact decided by the jury.’
Upon the question of law as to when implied dr constructive…
2Cases cited12 opinions
- Bank of the Republic v. MillardSupreme Court of the United States · 1870
- Boyce & Henry v. EdwardsSupreme Court of the United States · 1830
- Holbrook v. PayneMassachusetts Supreme Judicial Court · 1890
- Mehlberg v. TisherWisconsin Supreme Court · 1869
- Colorado National Bank v. BoettcherSupreme Court of Colorado · 1879
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3Cited by15 opinions
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- Commercial State Bank of Fort Worth v. Harkrider-Keith-Cooke Co.Court of Appeals of Texas · 1923
- Windsor Cement Co. v. ThompsonSupreme Court of Connecticut · 1913
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