20 Wis. 200 | Wis. | 1865
The following opinion was filed at the June term, 1865.
The circuit court instructed the jury as follows : “If the collaterals were received simply as security or indemnity for the payment of the defendants’ notes, the one in suit amongst others, and without any agreement to collect such collaterals, or in any way to apply or use them, except to hold them as security for such debt, then the mere possession of such collaterals is no payment of the debt or defense to its col
It follows that there is no error in the instruction to the injury of the defendants.
By the Court. — The judgment of the court below is affirmed, with costs.
A rehearing was denied at the January term, 1866.