Faurot v. Gates
Wisconsin Supreme Court
, APPEAL from the Superior Court of Milwaukee County. The facts are stated in the opinion. They contended, inter alia, that “ one surety cannot recover contribution from another when the debt paid by the surety seeking contribution was either not binding on the principal or not binding on the other surety.” Brandt, Surety-ship, § 232; Warner v. Morrison, 3 Allen, 566-8; Lowndes v. Pinchriey, 1 Bich. Eq. (S. C.)', 155-178; Wells y.
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, APPEAL from the Superior Court of Milwaukee County. The facts are stated in the opinion. They contended, inter alia, that “ one surety cannot recover contribution from another when the debt paid by the surety seeking contribution was either not binding on the principal or not binding on the other surety.” Brandt, Surety-ship, § 232; Warner v. Morrison, 3 Allen, 566-8; Lowndes v. Pinchriey, 1 Bich. Eq. (S. C.)', 155-178; Wells y. Miller, 66 N. Y. 258; Tobias v. Rogers, 13 id. 59; Russell v. Tailor, 1 Ohio St. 327. “At law a surety can recover from his co-surety an aliquot part calculated…
1Opinion of the CourtObtoN, J.
The basis of this action is t-he following note and guaranty:
“ $1,500.00. . Chicago, March 2nd, 1889.
“ Three mouths’after date, we promise to pay to the order of F. A. Bates, Fifteen Hundred Dollars, at Park National Bank here, value received, with eight per cent, interest.
“ The Fuel ’ Bubnee Teust Agreement,
“ By F. A. Bates, Gen’l Mgr.
“ For value received, we hereby guarantee the payment of the within note at maturity, or at any time thereafter, with interest at eight per cent, per annum until paid, and agree to pay all costs and expenses paid or incurred in collecting the same. 1 “ W. W.…
2Cases cited13 opinions
- Fletcher v. JacksonSupreme Court of Vermont · 1851
- Stein v. BenedictWisconsin Supreme Court · 1892
- Cave ex rel. Wallace v. BurnsSupreme Court of Alabama · 1844
- Mills v. HydeSupreme Court of Vermont · 1846
- Voss v. LewisIndiana Supreme Court · 1890
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Estate of KochWisconsin Supreme Court · 1912
- United States Fidelity & Guaranty Co. v. NaylorCourt of Appeals for the Eighth Circuit · 1916
- Larsen v. Wisconsin Power & Light Co.Court of Appeals of Wisconsin · 1984
- Boutin v. EtsellWisconsin Supreme Court · 1901
- Merchants National Bank v. Great Falls Opera House Co.Montana Supreme Court · 1899
4 more not listed; retrieve them via the Exa API.