10 Wis. 34 | Wis. | 1859
By the Court,
This action was brought upon two instruments declared on as promissory notes, which were ' in the following form:
“New YORK, May 30, 1858.
“ Thirty days after date, I, the subscriber, of Beaver Dam, - copnty of Dodge, state of Wisconsin, promise to pay to the order of S. & T. Lawrence & Co., with exchange on New York, two hundred twenty-four dollars, at the Dodge County Bank, Beaver Dam. Value received. E. J. JONES.”
But even if they were not, strictly speaking, promissory notes, there can be no question that they are contracts for the payment of money only. Upon this there is no room for argument or doubt, and therefore the demurrer was clearly frivolous.
The judgment is affirmed with costs.