Shook v. Vanmater
Wisconsin Supreme Court
APPEAL from the Circuit Court for La Fayette County. This appeal was taken by defendant from an order overruling his demurrer to the complaint as not stating a cause of action.
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APPEAL from the Circuit Court for La Fayette County. This appeal was taken by defendant from an order overruling his demurrer to the complaint as not stating a cause of action. The substance of the complaint is stated in the opinion. contended that the written contract of guaranty did not express the consideration, within the meaning of the statute of frauds, citing Burnett v. Bisco, 4 Johns., 235; Bailey v. Freeman, id., 283; Leonard v. Vredenburg, 8 id., 29; Taylor v. Pratt, 3 Wis., 696; Brewster v. Silence, 4 Seld., 207; Weed v. Clark, 4 Sandf. 8. C., 31; Utica $• Schen. B. It. Co. v.…
1Opinion of the CourtCole, J.
It is insisted that the complaint in this case states no cause of action, and that the demurrer to it should have been sustained.
It appears from the allegations of the complaint, tlfat the plaintiffs, on the 27th day of May, 1859, signed with one Baker, and as accommodation makers, a promissory note for $600, payable to one Humphrey, sixty days from date. Baker had agreed to purchase a.farm from one Kline, but, being unable to raise money sufficient to pay for the same, was compelled to borrow the amount of the note, and requested the plaintiffs to sign the note with him, to obtain the money…
2Cases cited5 opinions
- Mallory v. . GillettNew York Court of Appeals · 1860
- Leonard v. VredenburghNew York Supreme Court · 1811
- Chapin v. MerrillNew York Supreme Court · 1830
- Administrators of Beaman v. RussellSupreme Court of Vermont · 1848
- Harrison v. SawtelNew York Supreme Court · 1813
3Cited by9 opinions
- Anderson v. SpenceIndiana Supreme Court · 1880
- Weisel v. SpenceWisconsin Supreme Court · 1884
- Drovers' Deposit National Bank v. TichenorWisconsin Supreme Court · 1914
- Green v. BrookinsMichigan Supreme Court · 1871
- Houghton v. ElyWisconsin Supreme Court · 1870
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