T. W. Stevenson Co. v. Peterson
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Dunn county: Geoege ThoMpsoN, Circuit Judge. Action to recover an amount claimed to be due for a quantity of merchandise sold by plaintiff to tbe defendant.
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Appeal from a judgment of tbe circuit court for Dunn county: Geoege ThoMpsoN, Circuit Judge. Action to recover an amount claimed to be due for a quantity of merchandise sold by plaintiff to tbe defendant. Tbe defendant answered that there was a contract of novation whereby be sold tbe merchandise in question and bis entire stock of goods to R. R. Porter & Son, they agreed to pay bis indebtedness to plaintiff, and it agreed to take them as debtor in bis place; and further answered that, after defendant’s vendees agreed to pay plaintiff, the latter and such vendees, without defendant’s…
1Opinion of the CourtMaeshall, J.
The following propositions are presented for consideration in this case: First, was there a novation shown by the evidence, — Porter & Son being substituted in place of appellant as respondent’s debtors? Second, if the first proposition must be answered in the negative, Porter & Son and appellant having become principal and surety in respect to the indebtedness, did respondent and Porter & Son make a binding agreement, extending the time of payment of *261tbe indebtedness without the consent of appellant and thereby discharge him? The conclusion we have reached on the first proposition renders…
2Cases cited10 opinions
- Walker v. WoodIllinois Supreme Court · 1897
- Hemenway v. BeecherWisconsin Supreme Court · 1909
- De Witt v. MonjoAppellate Division of the Supreme Court of the State of New York · 1900
- Hard v. BurtonSupreme Court of Vermont · 1890
- Willow River Lumber Co. v. Luger Furniture Co.Wisconsin Supreme Court · 1899
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Brooks v. HayesWisconsin Supreme Court · 1986
- City Nat. Bank of Huron, SD v. FullerCourt of Appeals for the Eighth Circuit · 1931
- Navine v. PeltierWisconsin Supreme Court · 1970
- Ch2m Hill Central, Inc. v. Madison-Madison International, Inc.Court of Appeals for the Seventh Circuit · 1989
- Durkey v. ArndtDistrict Court, E.D. Wisconsin · 1942
6 more not listed; retrieve them via the Exa API.