Packard v. Town of Bovina

Wisconsin Supreme Court

Packard v. Town of Bovina

24 Wis. 382

CourtWisconsin Supreme Court

DecidedJune 15, 1869

StatusPublished

Cited by5 cases

This text of 24 Wis. 382 (Packard v. Town of Bovina) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Packard v. Town of Bovina, 24 Wis. 382 (Wis. 1869).

Pincite

Opinion

Paihe, J.

The judgment in this case must be affirmed. A town is not liable on an order drawn on its treasurer, until the order has been presented for payment,- and payment refused. It is like a bill of exchange or check. There is no default until the drawee has refused payment.

A demand being necessary, it would scarcely be insisted that a demand upon the treasurer’s boy, fourteen or fifteen years old, at the barn, and in the absence of the treasurer, was any demand upon him.

By the Court. — Judgment affirmed, with costs.

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Paihe, J.

The judgment in this case must be affirmed. A town is not liable on an order drawn on its treasurer, until the order has been presented for payment,- and payment refused. It is like a bill of exchange or check. There is no default until the drawee has refused payment.

A demand being necessary, it would scarcely be insisted that a demand upon the treasurer’s boy, fourteen or fifteen years old, at the barn, and in the absence of the treasurer, was any demand upon him.

By the Court. — Judgment affirmed, with costs.

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Bluebook (online)

24 Wis. 382, Counsel Stack Legal Research, https://law.counselstack.com/opinion/packard-v-town-of-bovina-wis-1869.

Opinion

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