Second Ward Savings Bank v. Shakman
Wisconsin Supreme Court
APPEAL from tbe County Court of Miboaulcee County. Tbe complaint is upon a promissory note, made by tbe defendant Herbst, payable to tbe order of tbe defendant Shakman, at tbe bank of tbe plaintiff, and endorsed by tbe payee, and it contains tbe usual averments of protest, non-payment, and of tbe ownership of tbe note, by tbe plaintiff. ~ Tbe defendants, in'their answers, do not deny any of the material allegations of the complaint, but they allege that Shahman was an…
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APPEAL from tbe County Court of Miboaulcee County. Tbe complaint is upon a promissory note, made by tbe defendant Herbst, payable to tbe order of tbe defendant Shakman, at tbe bank of tbe plaintiff, and endorsed by tbe payee, and it contains tbe usual averments of protest, non-payment, and of tbe ownership of tbe note, by tbe plaintiff. ~ Tbe defendants, in'their answers, do not deny any of the material allegations of the complaint, but they allege that Shahman was an accommodation indorser; that before the note came into the possession of the plaintiff, it was discounted by the firm of Auer…
1Opinion of the CourtLyow, J.
I. The defendants were clearly entitled to first introduce their proofs and to open and close the argument. The answers admitted every traversable averment of the complaint, and in the absence of any testimony, the plaintiff would have been entitled to judgment, upon the pleadings, for the amount of the note. The only issue was that made by the new matter stated "in the answers by way of avoidance, and the defendants bad the affirmative of that issue, and were entitled to all of the rights necessarily resulting therefrom.
Their claim in that behalf should, therefore, have been allowed. But it…
2Cases cited1 opinion
- Central Bank of Wisconsin v. St. JohnWisconsin Supreme Court · 1863
3Cited by9 opinions
- Paine v. SmithSupreme Court of Minnesota · 1885
- Parker v. KellyWisconsin Supreme Court · 1884
- Laney v. IngallsSouth Dakota Supreme Court · 1894
- Dahlman v. HammelWisconsin Supreme Court · 1878
- Kaime v. Trustees of the Village of OmroWisconsin Supreme Court · 1880
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