Manufacturers' National Bank of Racine v. Newell
Wisconsin Supreme Court
APPEAL from the Circuit Court for St. Groix County. The following statement of the case was prepared by Mr. Justice Cassoday : August 25, 1884, the J. I. Case Threshing-Machine Company, a corporation doing business at Racine, by its agent, sold to the defendant P. F. Newell, at Hammond, St. Croix county, a separator and steam-engine for threshing grain.
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APPEAL from the Circuit Court for St. Groix County. The following statement of the case was prepared by Mr. Justice Cassoday : August 25, 1884, the J. I. Case Threshing-Machine Company, a corporation doing business at Racine, by its agent, sold to the defendant P. F. Newell, at Hammond, St. Croix county, a separator and steam-engine for threshing grain. At the same time, and in part consideration therefor, a note bearing that date, purporting to be executed by the said P. F. Newell and his brother, M. J. Newell, was made, wherein they promised to pay on or' before November 15, 1885, to J. I.…
1Opinion of the Court
Cassoday, L.
The name of EL J. Newell was signed to the note in question by his brother Peter F., in the presence of the agent of the threshing-machine company, but apparently without any authority, express or implied. The most that is claimed is that when Peter F, some months after-wards, told him he had so signed his name, he made no response. There is no claim that M. J. Newell was in business with his brother, nor that he had any interest in the purchase, nor that such agent was induced to believe or had any expectation of holding him liable in any other capacity,, than as mere suretjq…
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