St. Maries v. Polleys
Wisconsin Supreme Court
APPEAL from the Circuit Court for La Grosse County. Action on two promissory notes, for $1,073 and $1,500 respectively, both dated December 5, 1871, and payable eight months after date, in gold, with interest in gold at ten per cent, per annum. The complaint alleges demand at maturity and on subsequent occasions; and that at the maturity of the note gold was worth a premium of about fifteen per cent., while at the commencement of the action the premium was only one per cent.
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APPEAL from the Circuit Court for La Grosse County. Action on two promissory notes, for $1,073 and $1,500 respectively, both dated December 5, 1871, and payable eight months after date, in gold, with interest in gold at ten per cent, per annum. The complaint alleges demand at maturity and on subsequent occasions; and that at the maturity of the note gold was worth a premium of about fifteen per cent., while at the commencement of the action the premium was only one per cent. Judgment is demanded for $2,733.95, with interest at ten per cent, from the date of the notes. The defendant Polleys…
1Opinion of the CourtCole, J.
It is doubtful whether some of the questions which were so fully and ably discussed by counsel on the argument, are fairly presented by this record. Eor instance, whether or not parol pi’oof was admissible to show that Weston signed the notes in suit as surety, is out of the case, for the reason that the answer’s alleged that he executed the notes as surety, and testimony was given on the trial, without objection, to show his relation to the notes. That question may therefore be dismissed without further comment.
We are unable to agree with the learned counsel for the defendants in the…
2Cases cited2 opinions
- Improvement Company v. MunsonSupreme Court of the United States · 1872
- Meiswinkle v. JungWisconsin Supreme Court · 1872
3Cited by4 opinions
- First National Bank of Wisconsin Rapids v. DickinsonCourt of Appeals of Wisconsin · 1981
- Irvine v. AdamsWisconsin Supreme Court · 1880
- Bennett v. OdnealSupreme Court of Oklahoma · 1914
- Ostland v. PorterSupreme Court Of The Territory Of Dakota · 1885