National Bank v. Cotton
Wisconsin Supreme Court
APPEAL from the Circuit Court for Walworth, County. Action on a promissory note dated October 3,1872, executed by S. Atwater & Co., and payable on demand. It appears that the firm of S. Atwater & Co. was dissolved in 1872, and that A. H. Barnes and Patrick Gormley, by the written agreement dissolving the partnership, assumed payment of said note and of all other demands against the firm, and became owners of the personal property of such firm.
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APPEAL from the Circuit Court for Walworth, County. Action on a promissory note dated October 3,1872, executed by S. Atwater & Co., and payable on demand. It appears that the firm of S. Atwater & Co. was dissolved in 1872, and that A. H. Barnes and Patrick Gormley, by the written agreement dissolving the partnership, assumed payment of said note and of all other demands against the firm, and became owners of the personal property of such firm. After the death of Patrick Gormley, the balance unpaid on the note was allowed as a claim against his estate; and from that allowance the administrator…
1Opinion of the CourtOrton, J.
The findings of fact by the circuit court upon which the judgment was rendered for the defendant in this cause are, substantially, that no payment was made upon the note in suit after the 6th day of January, 1873, by Patrick Gorm-ley, before his death on the 9th day of January, 1879, or by any one authorized thereto in his behalf; that the debt mentioned did not accrue within six years next prior to his death; and that Patrick Gormley did not undertake or promise to pay said debt within said six years. The conclusion of law was, of course, that the cause of-action was barred by the statute of…
2Cases cited3 opinions
- Winchell v. . HicksNew York Court of Appeals · 1859
- First Nat. Bank of Utica v. . BallouNew York Court of Appeals · 1872
- Munn v. . WorrallNew York Court of Appeals · 1873
3Cited by7 opinions
- Bergman v. BlyCourt of Appeals for the Eighth Circuit · 1895
- Gillitzer v. DucharmeWisconsin Supreme Court · 1931
- Erickson v. HusemollerSupreme Court of Minnesota · 1934
- Allen v. O'DonaldUnited States Circuit Court · 1886
- Coleman v. WardWisconsin Supreme Court · 1893
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