Brill v. Hoile
Wisconsin Supreme Court
APPEAL from the Circuit Court for Portage County. Action against J. T. Iloile and J. A. Bratt for the price of goods sold and delivered by-the plaintiff to them as partners. The defense relied upon by Iloile, and the facts proven and found, will sufficiently appear from the opinion. From a judgment against both defendants, Iloile appealed.
1Opinion of the CourtOrton, J.
We think it was in effect proved, as well as found by the circuit court, that the plaintiff, before taking the order hereinafter considered, knew that Bratt & Bailey had assumed, on sufficient consideration, to pay all of the debts of the firm of Hoile & Bratt. Iloile having sold out his interest in the firm of Iloile & Bratt, and Bratt having assumed to pay all the debts of the firm, and Bailey having purchased such *539half interest, and the new firm having assumed to pay all of such debts, with the knowledge! of the plaintiff, Hoile, as to the plaintiff, was thereafter a mere surety upon the…
2Cases cited10 opinions
- Colgrove v. . TallmanNew York Court of Appeals · 1876
- Smith v. SheldenMichigan Supreme Court · 1876
- Weakly v. Bell & SterlingSupreme Court of Pennsylvania · 1840
- Bank of Utica v. IvesNew York Supreme Court · 1837
- Paine v. VoorheesWisconsin Supreme Court · 1870
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3Cited by3 opinions
- Marshall Field Co. v. FishkinWisconsin Supreme Court · 1923
- Bank of Iron River v. Board of School DirectorsWisconsin Supreme Court · 1895
- Woodward v. SmithWisconsin Supreme Court · 1899