Hill v. Trainer
Wisconsin Supreme Court
APPEAL from the Circuit Court for Orawford County. Plaintiff, having "been, compelled in 1876, as he avers, to pay a certain sum as balance due M. E. Puller & Co., of Madison, on notes given them in 1871 by himself and defendant as partners in business (under the firm name of Trainer & Hill), brought this action to recover thé amount so paid, alleging a contract between himself and defendant, at the time the partnership was dissolved, by which the latter agreed to pay said…
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APPEAL from the Circuit Court for Orawford County. Plaintiff, having "been, compelled in 1876, as he avers, to pay a certain sum as balance due M. E. Puller & Co., of Madison, on notes given them in 1871 by himself and defendant as partners in business (under the firm name of Trainer & Hill), brought this action to recover thé amount so paid, alleging a contract between himself and defendant, at the time the partnership was dissolved, by which the latter agreed to pay said notes. The answer contained a general denial, and set up a discharge of defendant in bankruptcy, in 1875. The caséis thus…
1Opinion of the CourtTatlor, J.
This case was tried and submitted to the jury upon the theory, first, that a discharge in bankruptcy of one of two co-debtors or joint debtors did not necessarily release the other joint debtor from the obligation to pay the joint debt; second, that in this case the discharge of Trainer, the defendant, released him from the obligation of his contract with the plaintiff to pay and satisfy the debts of the firm of Trainer & Hill; third, that a promise to pay or settle the debts of such firm, made by Trainer to Hill after he had been declared a bankrupt, or after his discharge, notwithstanding…
2Cases cited2 opinions
- Dorn v. O'NealeNevada Supreme Court · 1870
- Winslow v. Heirs of ParkurstSupreme Court of Connecticut · 1791
3Cited by6 opinions
- Sundling v. WilleySouth Dakota Supreme Court · 1905
- France v. SullivanWisconsin Supreme Court · 1937
- Quality Lumber & Coal Co. v. KempWisconsin Supreme Court · 1970
- Neslor v. GroveSupreme Court of New Jersey · 1919
- Cilley v. ColbySupreme Court of New Hampshire · 1881
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