Kibbee v. Howard

Decided January 15, 1859

Wisconsin Supreme Court · decided 1859-01-15

This was an action on a money demand by the plaintiffs, as the owners of a promissory note. The plaintiffs claimed against the defendants as the purchasers of a note given and executed by the said defendants to one Franklin J. Burt, bearing date March 19, A. D. 1858, for one'hundred dollars, due on the first of June, A. D. 1858, which note was payable to the said Burt or bearer, and drew seven per cent, interest before due, and twelve per cent, after due.

Decided 1859-01-15

¶1By the Court,

Cole, J.

¶2Instead of submitting this case to a jury, the parties saw proper to have it tried by the circuit court. We suppose therefore that the finding of the court, as to the facts established by the evidence, is as conclusive as the verdict of a jury. There was certainly some testimony tending to show that the note given by Burt to Bancroft, belonged to the defendants. And the court finds distinctly that Bancroft transferred and delivered the same to them. Under the circumstances then, there could be no doubt but this note was a good and valid otf-set to the claim of the appellants.

¶3Section 204 of the Code of Procedure, rendered the sheriff’s receipt a sufficient discharge for the amount paid him.

¶4The judgment of the circuit court must therefore be affirmed.