Jackman v. Inman
Wisconsin Supreme Court
Appeal from a judgment o-f tbe circuit court for Rock county: Geobge GhiMM, Circuit Judge. This is an action by plaintiff, as trustee of the estate of W. T. Yan Kirk, deceased, to recover upon a promissory note of $200 given by the defendant to the deceased July 7, 1900, which note was found by the plaintiff among the papers of the deceased with an indorsement thereon showing the payment of one year’s interest.
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Appeal from a judgment o-f tbe circuit court for Rock county: Geobge GhiMM, Circuit Judge. This is an action by plaintiff, as trustee of the estate of W. T. Yan Kirk, deceased, to recover upon a promissory note of $200 given by the defendant to the deceased July 7, 1900, which note was found by the plaintiff among the papers of the deceased with an indorsement thereon showing the payment of one year’s interest. The defendant claimed that on November 18, 1901, he gave Yan Kirk another note of the same amount to take the place of the note sued on (which was then supposed to be lost), and that…
1Opinion of the Court
Winslow, O. J.
The evidence of the defendant that he went into Van Kirk’s store with $400 in money and came out with the second note and but $200 in money was doubtless inadmissible. If this evidence did not tend to prove that defendant paid Van Kirk the amount due on the note and that Van Kirk surrendered the note upon such payment it was immaterial; if it did tend to prove these facts then it was evidence of a transaction had by the defendant personally with a deceased person through whom the plaintiff derived his title to the cause of action, and such evidence is excluded by sec. 4069,…
2Cases cited1 opinion
- Brader v. BraderWisconsin Supreme Court · 1901
3Cited by5 opinions
- Carle v. NelsonWisconsin Supreme Court · 1911
- Johnson v. MielkeWisconsin Supreme Court · 1970
- Felz v. Estate of FelzWisconsin Supreme Court · 1920
- Markgraf v. Columbia Bank of LodiWisconsin Supreme Court · 1931
- Jackman v. InmanWisconsin Supreme Court · 1908