Jackman v. Inman
Wisconsin Supreme Court
Appeal from a judgment of tlie circuit court for Rock county: Geoege Geimm, Circuit Judge. On July 7, 1900, tlie defendant gave W. T. Van Kirk, now deceased, a note for $200, with interest at the rate of seven per cent., due in one year. This action is brought by the trustee under the will of the deceased on this note, which was found among the decedent’s papers. The defense is payment.
Read the full summary
Appeal from a judgment of tlie circuit court for Rock county: Geoege Geimm, Circuit Judge. On July 7, 1900, tlie defendant gave W. T. Van Kirk, now deceased, a note for $200, with interest at the rate of seven per cent., due in one year. This action is brought by the trustee under the will of the deceased on this note, which was found among the decedent’s papers. The defense is payment. Defendant claims that in 1901 he gave a new note to take the place of the one upon which' this action is brought, which was lost, and that he thereafter fully paid the second note and thereby extinguished the…
1Opinion of the CourtSiebeckee, J.
Upon the trial tbe defendant produced a note and testified that it was in bis bandwriting, including tbe indorsements thereon, except tbe printed words and tbe words “Paid in full with int.” written across its face, wbicb words be states were not on it when be parted with possession of it. He also states that it was drawn about Uovember 18, 1901. He was also permitted to testify in response to a •question as to whether or not be knew what tbe words “Old note lost if found canceled by this note” referred to, and stated: “A. It refers to a lost note. Q. To what lost note? A. It refers to tbe…
2Cases cited3 opinions
- Brader v. BraderWisconsin Supreme Court · 1901
- Stewart v. StewartWisconsin Supreme Court · 1877
- Jackman v. InmanWisconsin Supreme Court · 1908
3Cited by3 opinions
- Felz v. Estate of FelzWisconsin Supreme Court · 1920
- Lamberson v. LambersonWisconsin Supreme Court · 1921
- Lerner v. BischoffLouisiana Court of Appeal · 1934