Legal Opinion

First National Bank of Monroe v. Edgerton

Wisconsin Supreme Court

Decided November 21, 1882Published

APPEAL from the Circuit Court for Mihoaulcee County. The action is upon a draft for $800, drawn by one 0. Warfield upon the defendants, payable to the order of the plaintiff, and dated Monroe, Wisconsin, February 5, 1881. The plaintiff bank discounted the draft and duly presented it to the defendants for payment. The defendants refused to pay the same, and it was duly protested for nonpayment.

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APPEAL from the Circuit Court for Mihoaulcee County. The action is upon a draft for $800, drawn by one 0. Warfield upon the defendants, payable to the order of the plaintiff, and dated Monroe, Wisconsin, February 5, 1881. The plaintiff bank discounted the draft and duly presented it to the defendants for payment. The defendants refused to pay the same, and it was duly protested for nonpayment. The draft was discounted by the bank under the following circumstances: The defendants as partners, under the firm name of Edgerton, Peck & West, were engaged at Milwaukee in the business of receiving…

1Opinion of the Court

The following opinion was filed September 19, 1882:

LyoN, J.

It is manifest from' the pleadings and the amount of the verdict that the jury found against the *91plaintiff on the cause of action stated in the complaint. On no other hypothesis could the verdict have been for so large a sum. The learned circuit judge said to the jury that the pleadings of both parties construed the contract as only authorizing the bank to discount drafts drawn against shipments, and gave instructions prayed by both parties, the effect of which ‘was to submit to the jury the question whether the draft in suit was so…

2Cases cited4 opinions

  1. Decatur Bank v. St. Louis BankSupreme Court of the United States · 1875
  2. Gillmann v. HenryWisconsin Supreme Court · 1881
  3. Farm. Mech's' Nat'l B'k of Buffalo v. . LangNew York Court of Appeals · 1881
  4. Nichols v. PalmerWisconsin Supreme Court · 1880

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