First National Bank of Black River Falls v. Jones
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Jackson oounty: FeaNK M. Fish, Judge. Action upon a note. The plaintiff, owning a promissory judgment note, with warrant of attorney attached, made by Hugh H. Price and the appellant, Jones, caused judgment to be entered on cognovit, against both makers, April 10, 1895. Afterwards, on application of Jones, the judgment as to him was opened, and by leave of the court he filed a separate answer, stating — first, that he was an…
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Appeal from a judgment of the circuit court for Jackson oounty: FeaNK M. Fish, Judge. Action upon a note. The plaintiff, owning a promissory judgment note, with warrant of attorney attached, made by Hugh H. Price and the appellant, Jones, caused judgment to be entered on cognovit, against both makers, April 10, 1895. Afterwards, on application of Jones, the judgment as to him was opened, and by leave of the court he filed a separate answer, stating — first, that he was an accommodation signer of the note, with the knowledge of the plaintiff, and that the plaintiff had extended the time of…
1Opinion of the Court
"WiNslow, J.
The trial judge, by his charge, submitted two questions to the jury, viz.: First, whether the plaintiff accepted the note in suit at the sole request of Jones, and for his accommodation and benefit alone; and, second, if they answered this question in the negative, then whether Jones, after knowing of the payment of interest made December 28,1893, and its indorsement on the note, recognized his liability as still existing on the note, and promised to pay it. In submitting these issues the trial judge told the jury, in substance, that, if they found that the note in suit was taken…
2Cited by2 opinions
- First State Bank v. First State BankSupreme Court of Minnesota · 1925
- German National Bank v. BarberWisconsin Supreme Court · 1914