Dilley v. Van Wie
Cases that cite this one
7 later published cases cite this decision.
- United Finance Corp. v. Peterson (Wis. 1932)
- McCabe v. Sumner (Wis. 1876)
- Baldwin Realty Co. v. Interstate Trust & Banking Co. (La. 1931)
- Old Colony Trust Co. v. Stumpel (New York Supreme Court 1926)
- Klots Throwing Co. v. Manufacturers' Commercial Co. (2d Cir. 1910)
- Brooke v. Struthers (Mich. 1896)
- Reid v. Southworth (Wis. 1888)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
By the Oow't,
We think the circuit Court did right in setting aside the judgment entered in this case. The instrument in writing on which judgment was rendered is not a promissory note. Its payment is made subject to a contingency, or rather to the equities between the parties growing out of a contemporaneous agreement between the same parties. This is expressed upon the face of the (so-called) note, and deprives it of its commercial character. Nor does the warrant of attorney help the matter, for the power to confess judgment is only for the amount due, and that must depend upon the equities before mentioned, which would require to be adjusted before the authority of the attorney to confess the judgment would be complete. See Story on Promissory Notes,- § 22, et. seq.,; Chit. on Bills, 134, 154; 5 D. & E., 482.
We are of the opinion that the circuit court was right in vacating the judgment, and that the order must be affirmed that the parties may have an opportunity of trying their respective claims upon their merits.
Order of the court below is affirmed with costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.