Russell v. Scofield
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Outa-.gamie county: Johu Goodlaed, Circuit Judge. Action to recover on a promissory note. November 18, .1904, W. C. Jenkins made his ninety-day promissory note for $250 payable to tlie order of defendant and obtained the latter’s indorsement thereon, with the understanding that it was to be used to renew and take up a note of the same amount previously so made and indorsed.
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Appeal from a judgment of the circuit court for Outa-.gamie county: Johu Goodlaed, Circuit Judge. Action to recover on a promissory note. November 18, .1904, W. C. Jenkins made his ninety-day promissory note for $250 payable to tlie order of defendant and obtained the latter’s indorsement thereon, with the understanding that it was to be used to renew and take up a note of the same amount previously so made and indorsed. Instead of the new note being used as intended by the indorser, November 25, 1904-, Jenkins turned it out to plaintiff as collateral security for payment of a loan of $125…
1Opinion of the CourtMarshall, J.
The sole question raised is: Was there a jury question respecting the amount for which the note in suit was pledged as security ? The evidence was positive and without dispute as to the first loan of $125. A check was produced and received in evidence showing payment thereof to Jenkins. A note covering the second loan of $100, specifying that the $250 note was pledged as collateral thereto, was put in evidence and no question was raised as to its genuineness. Payment of the $100 to Jenkins was proved by production o.f the bank check used for that purpose. There was evidence to the effect that…
2Cases cited3 opinions
- Kercheval v. DotyWisconsin Supreme Court · 1872
- Linde v. GuddenWisconsin Supreme Court · 1901
- Baumann v. LupinskiWisconsin Supreme Court · 1901
3Cited by2 opinions
- Grant Marble Co. v. AbbotWisconsin Supreme Court · 1910
- Keck v. WingertCalifornia Court of Appeal · 1933