Legal Opinion

Russell v. Scofield

Wisconsin Supreme Court

Decided December 13, 1907PublishedCited by 2 opinions

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

  1. Kercheval v. DotyWisconsin Supreme Court · 1872
  2. Linde v. GuddenWisconsin Supreme Court · 1901
  3. Baumann v. LupinskiWisconsin Supreme Court · 1901

3Cited by2 opinions

  1. Grant Marble Co. v. AbbotWisconsin Supreme Court · 1910
  2. Keck v. WingertCalifornia Court of Appeal · 1933

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