Rock County Bank v. Wooliscroft
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rock County. Action on a promissory note for $731.59, made by the defendant March 21, 1860, payable to bis own order, and indorsed by him to the plaintiff. The defense was usury.
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APPEAL from the Circuit Court for Rock County. Action on a promissory note for $731.59, made by the defendant March 21, 1860, payable to bis own order, and indorsed by him to the plaintiff. The defense was usury. The answer alleged that on the 4th of June, 1857, one Smith gave the defendant his note for $600, at sixty days, which the de-fendent indorsed to the plaintiff; that Smith having neglected to pay said note when it became due, the plaintiff agreed with the defendant that if he would procure of Smith another note for $600 at thirty days, and would indorse the same to the plaintiff, and…
1Opinion of the Court
By the Court,
Cole, J.:
We think the answer was sufficient to admit the proof offered, showing that the note sued on was usurious and void. It appeal’s from the evidence that there was a succession of notes, given as they became due, the last one of which was the one sued on; but we are inclined to the opinion, that it was not necessary to state all these matters in the answer. It is alleged with precision and directness, that this note is usurious, and the corrupt agreement which entere d into the original usurious no1e, is fully disclosed. It is stated that the bank agreed to forbear the…
2Cases cited3 opinions
- Steele v. WhippleNew York Supreme Court · 1839
- Towslee v. DurkeeWisconsin Supreme Court · 1860
- Cowles v. McVickarWisconsin Supreme Court · 1854
3Cited by4 opinions
- Friedman v. Wisconsin Acceptance Corp.Wisconsin Supreme Court · 1927
- Wood v. CuthbertsonSupreme Court Of The Territory Of Dakota · 1884
- Gerlaugh v. BassettWisconsin Supreme Court · 1866
- Cornell v. BarnesWisconsin Supreme Court · 1870