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6 Wis. 154

Smith v. Hill

Wisconsin Supreme Court

Decided July 1, 1858

Wisconsin Supreme Court · decided 1858-07-01

appeal PROM Milwaukee county court. The object of this action was to recover the amount of a certain promissory note, made by the defendant, Power, on the 24th day of May, 1856, for $600, and payable in sixty days after date, to, and indorsed by, the defendants, Hill.

Cited by 1 later decisions — most recently June 1917

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1858-07-01

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¶1By the Oowrt,

SMITH, J.

¶2We do not see how the plaintiff can recover on the case made. The defendants were endorsers, and were entitled to notice of dishonor of the note. Such notice was attempted to be proved by the notary. But if we take the evidence of the notice sent through the post-office, that will be found insufficient to sustain the plaintiff’s action, because a notice through the post-office when the parties resided in town within two miles was not legal. If we recur to the notice served by the notary at the ware-house of the defendant, we are left wholly in the dark as to the character or contents of the notice left there. It might have been a transcript of the one sent through the post-office, but there ig *158no proof of that fact, and we are not at liberty to presnme it. It was incumbent on the plaintiff to show a proper notice properly served.' Brewster vs. Arnold, 1 Wis., 273, 285; Sumner and Kimball vs. Bowen, 2 Wis., 530. It is unnecessary to go further at this stage of the case. Judgment reversed and case remanded.

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