Green v. Gunsten
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Portage county: A. H. Reed, Judge. Action on a promissory note, dated Eebruary 16, 1911, for $300, payable six months after date, alleged to have been executed and delivered by tbe plaintiffs to tbe defendants. Tbe defendant Gunsten answered denying that be signed tbe note, and averred that bis signature to tbe same was a forgery.
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Appeal from a judgment of tbe circuit court for Portage county: A. H. Reed, Judge. Action on a promissory note, dated Eebruary 16, 1911, for $300, payable six months after date, alleged to have been executed and delivered by tbe plaintiffs to tbe defendants. Tbe defendant Gunsten answered denying that be signed tbe note, and averred that bis signature to tbe same was a forgery. He also set up tbe defense that, if be did sign tbe note, bis signature thereto was procured by connivance and conspiracy ■between tbe plaintiffs and bis co-maker of tbe note, O. 0. Loomis, and other persons acting for…
1Opinion of the CourtViNje, J.
It is admitted that defendant Gunsten was an. accommodation maker of tbe note if it was executed under sucb circumstances as to constitute bim a maker in any sense. Plaintiffs claim they were holders, in due course, which claim the defendant Gunsten disputes. The trial court, in the disposition of the case, evidently treated plaintiffs, as such holders, and we shall assume that they were. That raises the question whether or not total or complete drunkenness on the part of the accommodation maker of a note at the time of the execution and delivery thereof is a defense as against a holder due…
2Cases cited14 opinions
- Johnson v. HarmonSupreme Court of the United States · 1877
- Miller v. FinleyMichigan Supreme Court · 1872
- Naftel v. County of MontgomerySupreme Court of Alabama · 1900
- Bursinger v. Bank of WatertownWisconsin Supreme Court · 1886
- Van Wyck v. . BrasherNew York Court of Appeals · 1880
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