Polacheck v. Moore
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, Judge. Action to recover on a bond alleged to have been given to plaintiffs by defendant Lucas -as principal, with, defendant William Moore as sole surety, to secure the faithful performance by Lucas of an agency contract.
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Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, Judge. Action to recover on a bond alleged to have been given to plaintiffs by defendant Lucas -as principal, with, defendant William Moore as sole surety, to secure the faithful performance by Lucas of an agency contract. The following is a copy of the instrument in the condition it was in at the time of the delivery to plaintiffs: KNOW ALL MEN BY THESE PRESENTS: That we, J. W. Lucas, as principal, and. 't$rh... and .as sureties, all of Menominee, Michigan, are held and firmly bound unto J. & S. Polacheek, of…
1Opinion of the CourtMaeshall, J.
A considerable portion of the brief of counsel for appellants is taken up with the proposition that if a person signs a bond as surety, with a verbal condition that it shall not be binding till another person signs as surely, or with some other verbal condition, and leaves the' instrument, subject thereto, with the principal, thereby clothing him with apparent authority to complete the paper and deliver it, or putting him in such a position that he can readily do so without the obligee knowing the facts, and he makes delivery of the paper without complying with the condition, and the…
2Cases cited4 opinions
- New Home Sewing Machine Co. v. SimonWisconsin Supreme Court · 1899
- Rehbein v. RahrWisconsin Supreme Court · 1901
- Belden v. HurlbutWisconsin Supreme Court · 1896
- Garvin v. DeanMassachusetts Supreme Judicial Court · 1874
3Cited by1 opinion
- United States Fidelity & Guaranty Co. v. SiegmannSupreme Court of Minnesota · 1902