Peterson v. Stoughton State Bank
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dame County. The following statement of the case was prepared by •Mr. Justice Cassoday : The complaint alleges, in effect, that a short time prior to June 23,1888, the plaintiff was indebted to the defendant Upon several promissory notes and other demands to ■the aggregate amount of $118.05, and that the defendant also held other notes and demands against the plaintiff for collection, amounting in the aggregate to $669.75, making a total of…
Read the full summary
APPEAL from the Circuit Court for Dame County. The following statement of the case was prepared by •Mr. Justice Cassoday : The complaint alleges, in effect, that a short time prior to June 23,1888, the plaintiff was indebted to the defendant Upon several promissory notes and other demands to ■the aggregate amount of $118.05, and that the defendant also held other notes and demands against the plaintiff for collection, amounting in the aggregate to $669.75, making a total of $1,447.80; that a few days prior to June 23,1888, the plaintiff caused to be paid to the defendant on said aggregate…
1Opinion of the CourtCassodav, J.
It is conceded that, at the time of the execution of the $1,200 note and mortgage, the plaintiff did not know the aggregate amount of his indebtedness to the bank, nor the aggregate amount of. notes and claims held by the bank for collection against him. The cashier testified, in effect, that the plaintiff at first requested a loan of $1,000 with which to pay up such indebtedness and all of such notes and claims; that he thereupon, in the presence of the plaintiff, ran over the notes and claims constituting such indebtedness, and also the notes and claims so held for collection, and then…
2Cases cited2 opinions
- First National Bank of Stillwater v. LarsenWisconsin Supreme Court · 1884
- Continental National Bank of Chicago v. McGeochWisconsin Supreme Court · 1889
3Cited by3 opinions
- Faurot v. GatesWisconsin Supreme Court · 1893
- First National Bank v. MillerWisconsin Supreme Court · 1909
- Clune v. Catholic Order of ForestersWisconsin Supreme Court · 1920