Dyer v. Gibson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Juneau County. Action to enforce a vendor’s equitable lien on lots 8 and 9, in block 3, in Burns & Overbaugh’s addition to the city of La Crosse, for unpaid purchase money, which lots were sold and conveyed by the plaintiff to the defendant for the sum of #5,000, to be paid as follows: $2,000 in the bonds of the La Crosse & Milwaukee railroad company; the sum of $1,500 in the promissory note of one Hathaway, and,the balance in a note against…
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APPEAL from the Circuit Court for Juneau County. Action to enforce a vendor’s equitable lien on lots 8 and 9, in block 3, in Burns & Overbaugh’s addition to the city of La Crosse, for unpaid purchase money, which lots were sold and conveyed by the plaintiff to the defendant for the sum of #5,000, to be paid as follows: $2,000 in the bonds of the La Crosse & Milwaukee railroad company; the sum of $1,500 in the promissory note of one Hathaway, and,the balance in a note against Douglas & Co., for $1,500, coming due the 20thof July thereafter, payable -to the defendant, which last named note was…
1Opinion of the Court
By the Court,
Dixon, C. J.
We cannot discuss the question whether the promise of one person, though in form to answer for the still subsisting debt of another; if founded upon a new and sufficient consideration moving from the creditor and promisee to the promisor, and beneficial to the latter, is within the statute of frauds and therefore void, unless it be in writing and expressing the consideration, and subscribed by the party making it. Decision has multiplied upon decision, with scarce a syllable of conflict, for more than a century, that such a promise is not. reached by the statute ; and…
2Cases cited12 opinions
- Mallory v. . GillettNew York Court of Appeals · 1860
- Corn v. SimsCourt of Appeals of Kentucky · 1860
- Cumpston v. McNairNew York Supreme Court · 1828
- Moakley v. RiggsNew York Supreme Court · 1821
- M'Doal v. YeomansSupreme Court of Pennsylvania · 1839
7 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Rowell v. SmithWisconsin Supreme Court · 1905
- Putney v. FarnhamWisconsin Supreme Court · 1870
- Weisel v. SpenceWisconsin Supreme Court · 1884
- Young v. FrenchWisconsin Supreme Court · 1874
- Clapp v. WebbWisconsin Supreme Court · 1881
20 more not listed; retrieve them via the Exa API.