Leffingwell v. Freyer
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. The case stated in the complaint is as follows: Nelson Freyer and wife, in April, 1857, executed to Gardner and Thayer a mortgage of land in said county, as security for notes of same date, running to said Gardner and Thayer, made by N. Freyer & Bros., of which firm Nelson Freyer was a member.
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APPEAL from the Circuit Court for Jefferson County. The case stated in the complaint is as follows: Nelson Freyer and wife, in April, 1857, executed to Gardner and Thayer a mortgage of land in said county, as security for notes of same date, running to said Gardner and Thayer, made by N. Freyer & Bros., of which firm Nelson Freyer was a member. In February, 1859, plaintiff became owner of tbe notes and mortgage, paying therefor the full amount due thereon, to wit, $788; and at the same time it was agreed between him and defendants {Mrs. Freyer agreeing by her husband as her agent), that said…
1Opinion of the Court
Dixon C. J.
The obligation of a surety is stricti juris; and if his contract is not binding at law, there is no liability in equity founded on the consideration between the principal parties. A court of equity will not enforce a liability upon a surety, where he is not held at law. This principle governing the rights of sureties in general, is equally applicable to the case of a married woman having a separate estate, who has entered into a contract as surety for her husband or some third person. Yale v. Dederer, 18 N. Y., 276.
The mortgaged premises were the separate property of Mrs. Freyer.…
2Cited by6 opinions
- Sterling v. FergusonTexas Supreme Court · 1932
- Savage v. SternbergWashington Supreme Court · 1898
- Jaffray v. CraneWisconsin Supreme Court · 1880
- Nelson v. BevinsNebraska Supreme Court · 1883
- Wilmarth v. RitschlagSouth Dakota Supreme Court · 1896
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