Johnson v. Bank of Sun Prairie
Wisconsin Supreme Court
• Appeak from an order of the circuit court for Dane county: E. Eat Stevers, Circuit Judge. The action was brought to compel an accounting for moneys collected on a lot of open accounts which plaintiff turned over to the defendant for collection.
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• Appeak from an order of the circuit court for Dane county: E. Eat Stevers, Circuit Judge. The action was brought to compel an accounting for moneys collected on a lot of open accounts which plaintiff turned over to the defendant for collection. By the answer it is alleged that the accounts were turned over to the defendant under the agreement that the bant might collect the same and apply the proceeds so far as necessary to pay the debt of one Kehl, tbe plaintiff’s son-in-law, and in consideration the promise of the bank (which was afterwards fully carried out) that it would dismiss a…
1Opinion of the Court
WiNSLOW) O. J.
The demurrer was properly overruled because:
1. ■ So far as the moneys which have been collected and applied are concerned, the contract has been fully executed, and under very familiar principles that part of the contract could not be now set aside even if the original promise were held to be within the statute. Larsen v. Johnson, 18 Wis. 300, 47 N. W. 615.
2. The turning out of securities for collection under the agreement that the proceeds may be applied on a third person’s debt is not a promise to pay another’s debt, and hence not required by the statute of frauds to be in…
2Cases cited1 opinion
- Larsen v. JohnsonWisconsin Supreme Court · 1890
3Cited by4 opinions
- Steuerwald v. RichterWisconsin Supreme Court · 1914
- Schwenker v. TeasdaleWisconsin Supreme Court · 1931
- Cleary v. BatzWisconsin Supreme Court · 1937
- Scharabok v. MurphyDistrict Court, E.D. Wisconsin · 1960