Hillsdale College v. Thomas
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sheboygan County. Action upon a sealed promissory note for one hundred dollars, dated September 1, 1860, signed by the defendant’s testator, payable to the plaintiff or bearer, and due by its terms ten years from date, with interest after one year payable in advance.
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APPEAL from the Circuit Court for Sheboygan County. Action upon a sealed promissory note for one hundred dollars, dated September 1, 1860, signed by the defendant’s testator, payable to the plaintiff or bearer, and due by its terms ten years from date, with interest after one year payable in advance. The complaint, besides containing the usual averments in complaints on promissory notes, alleges the incorporation of the plaintiff, and the facts essential to a right of action against the personal representative of the deceased maker, and prays judgment for the amount due on the note by its…
1Opinion of the CourtLyon, J.
The ruling of the court rejecting all testimony under the answer is equivalent to an order sustaining a general demurrer thereto. It is an adjudication that the answer does not contain facts sufficient to constitute a defense to the action. If it states a defense, the ruling is erroneous and fatal to the judgment. We have no doubt whatever that the answer states a complete defense to the action, and that the testimony offered to prove the allegations thereof should have been received. The note was not left with Parmelee, the agent of the plaintiff, as an escrow. On the contrary, the…
2Cases cited1 opinion
- Walker v. EbertWisconsin Supreme Court · 1871
3Cited by5 opinions
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