Walsh v. Dart
Wisconsin Supreme Court
APPEAL from the Circuit Court for Marquette County. Defendants were sued as indorsers of a sight draft upon New Tort, which was protested; and, upon a trial before the com-t alone, judgment was rendered against Dart, from which he appealed.
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APPEAL from the Circuit Court for Marquette County. Defendants were sued as indorsers of a sight draft upon New Tort, which was protested; and, upon a trial before the com-t alone, judgment was rendered against Dart, from which he appealed. The error relied upon will appear from the opinion. cited Story on Rills, 231; 21 Wend. 372; 13 id. 135, 519; 20 id. 135 ; 2 Hilt. 272; 4 E. D. Smith, 582; 34 Barb. 249; 8 Mo. 382; Chitty on Bills, 381. contended that this court would not review the finding, where there was no motion for a new trial (11 Wis. 11,124); and as to the question of laches, he…
1Opinion of the CourtCole, J.
As this cause was 'tried by the court without a jury, we are under the necessity of determining whether the finding of facts is in accordance with the weight of testimony, although there was no motion for a new trial. Fisher v. The Farmer's Loan and Trust Company, 21 Wis. 73. The court found that the plaintiff was not guilty of laches in the forwarding or presentment of the bill for acceptance and payment. *335Tlie bill was indorsed to tbe plaintiff on the 12th of January, 1865, who retained it until the 26th of that month, when he sent it by mail to his correspondent in New York, for payment.…
2Cases cited3 opinions
- Mohawk Bank v. BroderickCourt for the Trial of Impeachments and Correction of Errors · 1834
- Fisher v. Farmers' Loan & Trust Co.Wisconsin Supreme Court · 1866
- Walsh v. DartWisconsin Supreme Court · 1860
3Cited by6 opinions
- Consolidated Aluminum Corp. v. Bank of VirginiaDistrict Court, D. Maryland · 1982
- Thornburg & Sons v. EmmonsWest Virginia Supreme Court · 1883
- Farmers' National Bank v. DreyfusMissouri Court of Appeals · 1900
- Klatt v. MallonWisconsin Supreme Court · 1884
- Angaletos v. Meridian National BankIndiana Court of Appeals · 1892
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