Burgess v. Commercial National Bank of Appleton
Wisconsin Supreme Court
Appeal from an order of the circuit court for Oneida ■ county: A. H. Reid, Circuit Judge. This is an appeal from an order of the court below sustaining a demurrer to the complaint.
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Appeal from an order of the circuit court for Oneida ■ county: A. H. Reid, Circuit Judge. This is an appeal from an order of the court below sustaining a demurrer to the complaint. The complaint alleges the copartnership of the plaintiffs and the corporate existence of the defendants, and further alleges: “4. That heretofore and on, to wit, May lY, 1909, these plaintiffs, being indebted to the defendant power company in the sum of $98,450, executed and delivered to the said defendant power company their promissory note in writing, dated said day, wherein and whereby these plaintiffs promised…
1Opinion of the CourtE-ERWiN, J.
The complaint in this case alleges that the' amount of the note was $98,450 and the exhibit attached thereto, purporting to be a copy of the note, states the amount' to be $98,150. We have examined the record and find that the exhibit attached to the complaint corresponds with the-printed case, and we conclude that the statement in the complaint is correct and that the statement of the amount in the exhibit is merely a clerical error. We arrive at this conclusion from the fact that the circuit judge below in his written opinion, which is a part of the record, states the amount of' the note to…
2Cases cited12 opinions
- Galusha v. ShermanWisconsin Supreme Court · 1900
- Custin v. City of ViroquaWisconsin Supreme Court · 1886
- Powell v. Board of SupervisorsWisconsin Supreme Court · 1879
- New Bank of Eau Claire v. KleinerWisconsin Supreme Court · 1901
- Gage v. AllenWisconsin Supreme Court · 1894
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