Gunn v. Madigan
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Dodge County. Action upon a guaranty of a promissory note. Tbe facts are stated in tbe opinion.
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APPEAL from tbe Circuit Court for Dodge County. Action upon a guaranty of a promissory note. Tbe facts are stated in tbe opinion. Tbe defendant appealed from a' judgment for tbe plaintiff. argued tbat tbe complaint does not state a cause of action under sec. 24, cb. 125, R. S., because it fails to allege tbat tbe sum stated to be due on tbe note is due on tbe note and guaranty, or on tbe guaranty itself, or from the defendant to the plaintiff; and tbat it is not sufficient under subd. 2, sec. 3 of tbat chapter, because it does not allege tbat tbe three makers of tbe note jointly and severally…
1Opinion of the CourtLyoN, J.
Tbe complaint alleges tbat James Erancis and Henry G-ormley, on tbe 9th day of April, 1867, made, executed, stamped and delivered to tbe defendant their promissory note in writing, a copy of which is inserted in tbe complaint. Tbe note is dated April 9th, 1867, is for $201.66 and ten per cent-interest, and was payable October 1st, 1867.
Tbe complaint further states that on tbe 9th day of October, 1867, tbe defendant, for value reeeived, sold, transferred, assigned and delivered said note to tbe plaintiff, and then and there guarantied tbe payment thereof to tbe plaintiff by bis written…
2Cases cited9 opinions
- Wright v. . DelafieldNew York Court of Appeals · 1862
- Bates v. . RosekransNew York Court of Appeals · 1867
- Stilwell v. KelloggWisconsin Supreme Court · 1861
- Burrall v. De GrootThe Superior Court of New York City · 1856
- Harrison v. Juneau BankWisconsin Supreme Court · 1863
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3Cited by11 opinions
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- Western Loan & Savings Co. v. SmithIdaho Supreme Court · 1906
- Turner v. Iron Chief Mining Co.Wisconsin Supreme Court · 1889
- Aultman Co. v. McDonoughWisconsin Supreme Court · 1901
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