Dunbar v. Breese
Wisconsin Supreme Court
ERROR to the District Court for Milwaukee County. Breese brought an action of assumpsit in the Milwaukee district court against Dunbar, upon a negotiable promissory note, executed by Dunbar to one James Sanderson, and indorsed by Sanderson to Breese.
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ERROR to the District Court for Milwaukee County. Breese brought an action of assumpsit in the Milwaukee district court against Dunbar, upon a negotiable promissory note, executed by Dunbar to one James Sanderson, and indorsed by Sanderson to Breese. On the trial, Dunbar offered Sanderson as a witness to prove that the consideration of the note upon which the suit was brought was fraudulent bank notes, which were of no value; that the note was an accommodation note, given in fact to Breese himself, who paid said fraudulent bank notes for it, and that it was void in its inception. The…
1Opinion of the CourtDunk, C. J.
This case is brought into this court by writ of error to the judgment of the district court of Milwaukee county, at the June term, 1841. The suit in the district court was brought by Josiah S. Breese, defendant in error and plaintiff below, against Sylvester W. Dunbar, plaintiff in error and defendant below, on a promissory note, given by Dunbar to one James Sander-son, and by him indorsed to the plaintiff, Breese.
On the trial, the defendant, Dunbar, offered Sanderson, the indorser, as a witness to show the consideration of the note, and that it was void in its inception, who was rejected by…
2Cases cited6 opinions
- Warren v. MerryMassachusetts Supreme Judicial Court · 1807
- Gest v. EspySupreme Court of Pennsylvania · 1834
- Stille v. LynchSupreme Court of the United States · 1792
- Hepburn v. CasselSupreme Court of Pennsylvania · 1820
- Shaw v. WallisSupreme Court of Pennsylvania · 1795
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