Mellen v. Goldsmith
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. The plaintiffs, merchants in New York city, brought this action against the defendant, a merchant doing business in the city of Milwaukee, upon .a note and a book account for goods sold, with interest from the dates when they respectively became due.
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APPEAL from the County Court of Milwaukee County. The plaintiffs, merchants in New York city, brought this action against the defendant, a merchant doing business in the city of Milwaukee, upon .a note and a book account for goods sold, with interest from the dates when they respectively became due. The defense was, that plaintiff's, by agreement with defendant and his other creditors, had become bound to accept in satisfaction of their said claims sixty per cent, thereof in three installments payable respectively in three, six and nine months from November 1, 1877, without interest, secured…
1Opinion of the Court
OktoN, ,1.
There was testimony tending to- show that the appellants-verbally agreed with the respondent and his other creditors that they would compromise their claims against him, and sign a deed of composition for sixty cents on the dollar, in consideration and upon the condition that the other creditors would do so; and that the other creditors did so compromise and sign such deed, and the appellants refused to so do, and refused to accept such per cent, in satisfaction of their claim tendered for such purpose by the respondent.
The jury probably and very properly might have found their…
2Cases cited5 opinions
- Gardner v. LewisCourt of Appeals of Maryland · 1848
- Fellows v. StevensNew York Supreme Court · 1840
- Farrington v. HodgdonMassachusetts Supreme Judicial Court · 1876
- Paddleford v. ThacherSupreme Court of Vermont · 1876
- Murray & Mason v. SnowSupreme Court of Iowa · 1873
3Cited by6 opinions
- Continental National Bank of Chicago v. McGeochWisconsin Supreme Court · 1896
- Lange v. PerleyMichigan Supreme Court · 1882
- Atlas Engine Works v. First National BankIndiana Court of Appeals · 1912
- Gillfillan v. FarringtonAppellate Court of Illinois · 1882
- Union Central Life Insurance v. WeberAppellate Court of Illinois · 1936
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