Legal Opinion

Carruth v. Walker

Wisconsin Supreme Court

Decided June 15, 1859PublishedCited by 3 opinions

APPEAL PROM CIRCUIT COURT, ROCK COUNTY. The facts in this case are fully stated in the opinion of the Court.

1Opinion of the Court

By the Court,

Whiton, C. J.

The appellant was sued as indorser of a promissory note, of which the following is a copy:

“ Dolls. 7,500. Philadelphia, 2 Mo. 22d, 1853.

On the tenth day of December next, for value received, I promise to pay N. A. Middleton seven thousand five *253hundred dollars, payable and negotiable without defalcation, at the Bank of Pennsylvania.

Signed, JOHN W. MIDDLETON

Indorsed — N. A. MiddletoN.

Pay to the order of Charles Abert.

R. J. Walker,

CHARLES Abert,

Wood, Brothers & Co.”

It is objected that as this is not, by the law merchant, a negotiable promissory note, this action cannot…

2Cases cited1 opinion

  1. M'Conkey v. M'ConkeySupreme Court of Pennsylvania · 1840

3Cited by3 opinions

  1. Second National Bank of Richmond v. SmithWisconsin Supreme Court · 1903
  2. Nuetzel v. MacKieCalifornia Court of Appeal · 1927
  3. Clark v. Union Mutual Fire-InsuranceSupreme Court of New Hampshire · 1860

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