Legal Opinion · Dissent

Bolln v. Metcalf

Wyoming Supreme Court

Decided October 25, 1895Published

ERROR to District Court for Converse County, Hon. Richard H Scott, Judge. This was an action brought by George W. Metcalf against George Bolin upon two promissory notes. The defenses interposed were, in addition to a denial of the allegations of the petition, want of consideration, duress, false representations connected with the alleged duress, and that the notes did not constitute the entire contract.

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ERROR to District Court for Converse County, Hon. Richard H Scott, Judge. This was an action brought by George W. Metcalf against George Bolin upon two promissory notes. The defenses interposed were, in addition to a denial of the allegations of the petition, want of consideration, duress, false representations connected with the alleged duress, and that the notes did not constitute the entire contract. After the introduction of all the testimony, the defendant requested the court to give certain instructions to the jury, and also moved the court to submit .to the jury certain questions of…

1DissentGroesbeck, Chief Justice

I think I should give my reasons for dissenting from the majority opinion, particularly as I merely announced my dissent upon the original hearing. The plaintiff below brought suit upon two promissory notes executed by Bolln, the defendant, and alleged in his petition nothing more than is ordinarily alleged in such a suit. The defendant in his answer set up five defenses, one of which was a general denial. The substance of the other defenses is as follows: That the promissory notes sued upon were obtained without any consideration whatever, and at the time of the execution of the notes,…

2Cases cited3 opinions

  1. Spaids v. BarrettIllinois Supreme Court · 1870
  2. Weil v. GoldenMassachusetts Supreme Judicial Court · 1886
  3. Thurman v. BurtIllinois Supreme Court · 1870

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