135 Wis. 616 | Wis. | 1908
The contention on the part of the appellant is that there was sufficient evidence to go to the jury on the issues raised, therefore the court erred in directing a verdict for plaintiff. It appears from the established facts that several months before the execution of the notes certain hides were stolen from plaintiff and that some were sold by the thief to the business partner of defendant and paid for by •defendant; that thereafter the thief was prosecuted and convicted of the offense, and plaintiff demanded payment of defendant for the property received by his firm; that negotiations were had with reference to a settlement, covering a long period of time, which finally resulted in the execution by defendant and delivery to plaintiff of the ten notes in question of $100 each, and that some time after the first note became due and before the commencement of this action it was paid by defendant. The principal contention of defendant is that the notes were executed under duress. After a careful examination of the testimony we find nothing in it sufficient to support a verdict in favor of defendant upon that proposition. On the contrary, the evidence establishes beyond question that the defendant executed the notes freely and voluntarily, after he had taken ample time to consider the matter and advise with his counsel, and concluded to give the notes in settlement of the amount which was finally agreed upon as the consideration for the hides
On the question of -want of consideration we think it equally clear that this defense was not established, but on the contrary that it was established without substantial dispute that the notes were given in payment of the stolen hides received by the defendant’s firm. In fact it was not disputed but that the settlement was made and the notes given to- pay for such property.
Respecting the claim in appellant’s brief that the notes were given to avoid prosecution, hence illegal and void, we think it sufficient to say that neither the allegations of the
By the Court. — The judgment of the court below is affirmed.