New Home Sewing Machine Co. v. Simon
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for La Crosse county. O. B. Wymah, Circuit Judge. Action to recover on a guaranty which is as follows: “La Crosse, "VVis., August 27th, 1895- “ To The New Home SewiNG MachiNe CompaNy, “ Chicago, Ill.
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Appeal from a judgment of the circuit court for La Crosse county. O. B. Wymah, Circuit Judge. Action to recover on a guaranty which is as follows: “La Crosse, "VVis., August 27th, 1895- “ To The New Home SewiNG MachiNe CompaNy, “ Chicago, Ill. “ Gentlemen,— Eor and in consideration of your company supplying R. L. C. Holbek, of La Crosse, in the county of La Crosse, in the state of Wisconsin, with sewing machines and articles connected therewith, on credit, I do hereby guarantee the payment to you of the price and value of said goods at maturity, to an amount not to exceed two thousand dollars…
1Opinion of the CourtMaRShalx., J.
Upon the first appeal'in this case (104 Wis. 120) one of the questions presented for decision was, Was it incumbent on defendant, when called upon by plaintiff’s agent, September 9, 1895, and notified of its acceptance of the guaranty, to do more than merely say to the agent, in-substance, that the paper was signed on condition that an additional guarantor would be obtained before delivery thereof to the guarantee ? That is, Was it necessary, at that, time, for the defendant to expressly notify the agent that he-would insist upon the condition that an additional guarantor be obtained before…
2Cases cited7 opinions
- Annas v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1886
- Imhoff v. Chicago & Milwaukee Railway Co.Wisconsin Supreme Court · 1866
- New Home Sewing Machine Co. v. SimonWisconsin Supreme Court · 1899
- Little v. Superior Rapid Transit Railway Co.Wisconsin Supreme Court · 1894
- Middleton v. JerdeeWisconsin Supreme Court · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Miller v. StateWisconsin Supreme Court · 1909
- State ex rel. N. C. Foster Lumber Co. v. WilliamsWisconsin Supreme Court · 1904
- Larimer v. PlatteSupreme Court of Iowa · 1952
- Hart v. GodkinWisconsin Supreme Court · 1904
- Alden v. Sacramento Suburban Fruit Lands Co.Supreme Court of Minnesota · 1917
6 more not listed; retrieve them via the Exa API.