Fay v. Tower
Wisconsin Supreme Court
APPEAL from, the Circuit. Court for Crawford Countjn This action is to recover the amount due the plaintiff on a certain joint and several promissory note for $500, and ten per cent, interest, made by the defendant and one J. Burger to. the plaintiff or bearer, dated March 17, 1876, and due eight months after date. Payments made by Burger at different times, and of different sums, amounting in all to about $250, are indorsed thereon.
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APPEAL from, the Circuit. Court for Crawford Countjn This action is to recover the amount due the plaintiff on a certain joint and several promissory note for $500, and ten per cent, interest, made by the defendant and one J. Burger to. the plaintiff or bearer, dated March 17, 1876, and due eight months after date. Payments made by Burger at different times, and of different sums, amounting in all to about $250, are indorsed thereon. The defendant, in his answer, interposes the defense of usury, and a further defense, as follows: “And this defendant further avers, upon information and belief,…
1Opinion of the CourtLyoN, J.
Such of the facts-above stated as are omitted from the findings of the circuit court are established by clear and satisfactory evidence — really they are scarcely controverted. Among these are the facts relating to the extension granted by plaintiff to Burger on the note in suit. That such extension was given upon a valid consideration, and was binding upon the plaintiff, notwithstanding the consideration therefor was the usurious note of Burger, was settled by the judgment of this court in Moulton v. Posten, 52 Wis., 169. In that case, as in this, the consideration for the alleged extension…
2Cases cited3 opinions
- Moore v. PaineNew York Supreme Court · 1834
- Chilton v. Robbins, Paynter & Co.Supreme Court of Alabama · 1842
- Moulton v. PostenWisconsin Supreme Court · 1881
3Cited by7 opinions
- Fanning v. MurphyWisconsin Supreme Court · 1906
- Mountain Water Works Construction Co. v. HolmeSupreme Court of Colorado · 1911
- Thompson v. Metropolitan Building Co.Washington Supreme Court · 1917
- Jones v. WardWisconsin Supreme Court · 1888
- Price County Bank v. McKenzieWisconsin Supreme Court · 1895
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