Ford v. Mitchell
Wisconsin Supreme Court
APPEAL from the Circuit Court for Booh County. The facts iu this case are stated iu the opinon of the court. The'clause in the amended complaint wbicb the circuit judge regarded as fatal to a recovery upon, the guaranty, was as follows: r< And the plaintiff further says that he did not or agree to take or receive said certificate of deposit, guaranteed or indorsed or not guaranteed or indorsed, as a payment for the said debt or demand so as aforesaid sold, transferred…
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APPEAL from the Circuit Court for Booh County. The facts iu this case are stated iu the opinon of the court. The'clause in the amended complaint wbicb the circuit judge regarded as fatal to a recovery upon, the guaranty, was as follows: r< And the plaintiff further says that he did not or agree to take or receive said certificate of deposit, guaranteed or indorsed or not guaranteed or indorsed, as a payment for the said debt or demand so as aforesaid sold, transferred aud_assigned to said defendant by him, this plaintiff, nor did he agree to take or receive the said certificate of deposit,…
1Opinion of the Court
]¡y (he Court,
Dixon, O. J.
The complaint in this action was several times amended. The original does not appear. The first amended complaint was against the defendant as guarantor upon an instrument as follows: “ Ho. 9092. $176. Janesville City Bank, Wisconsin. Certificate of Deposit. Janesville, April 15, 1858. Mr. Wm. L. Mitchell has deposited in this bank one hundred and seventy six dollars, payable to the order of himself, 60 days after date, in currency, upon return of this certificate properly indorsed. Interest— per cent, if left 60 days. Jas. Eeasee, A. Cash.” The plaintiff was the…
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- Johnson v. WeedNew York Supreme Court · 1812
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