Thomas v. Watkins
Wisconsin Supreme Court
APPEAL from the Circuit Court for Iowa County. The complaint alleges in substance that the plaintiff and the defendant with John Bonner and others made a certain promissory note to one Jane: Jones for @337, with interest at twelve per cent, and that the plaintiff had paid and taken up the note and that the defendant refused to pay his proportion thereof, and that there was due from him to the plaintiff on account of the premises the sum of $84.25 with interest, for which he…
Read the full summary
APPEAL from the Circuit Court for Iowa County. The complaint alleges in substance that the plaintiff and the defendant with John Bonner and others made a certain promissory note to one Jane: Jones for @337, with interest at twelve per cent, and that the plaintiff had paid and taken up the note and that the defendant refused to pay his proportion thereof, and that there was due from him to the plaintiff on account of the premises the sum of $84.25 with interest, for which he claimed judgment. The defendant answered, among other things, that the note was executed by him without any…
1Opinion of the Court
By the Court,
Dixon, C. J.
The judgment in this case must be reversed. There seems to us to be no pretense for charging the defendant with the payment of the money demanded. The note was never delivered, and never had a legal existence as such. It remained in the hands of the plaintiff, one of the makers, and was to all intents mere waste paper. The case differs not materially from what it would have been, had the defendant, an entire stranger -;o the judgment against the plaintiff and Bonner, upon the constables bond, promised, in case the plaintiff would pay the judgment, that he, defendant,…
2Cited by8 opinions
- Burson v. HuntingtonMichigan Supreme Court · 1870
- Walker v. EbertWisconsin Supreme Court · 1871
- Cline v. GuthrieIndiana Supreme Court · 1873
- Cann v. CannWest Virginia Supreme Court · 1894
- Roberts v. McGrathWisconsin Supreme Court · 1875
3 more not listed; retrieve them via the Exa API.