Bushnell v. Bushnell
Wisconsin Supreme Court
APPEALS from the Circuit Court for Leo Fayette County. Action by a surety for contribution'. The plaintiff’s co-surety, the defendant Elijah D. Bushnell, is an insane person, and the defendant Olmsted is bis guardian. Other facts are stated in the opinion. The plaintiff recovered $98 and interest thereon at ten per cent, per annum from January 29,1880. Both parties appeal from the judgment.
1Opinion of the Court
Oole, O. J.
This is an action by a paying surety against a co-surety for contribution. Cross-appeals from the judgment were taken, and the questions arising will be considered without special reference to the case to which they relate. The main question is presented on the finding of the court below that the plaintiff is the owner and holder of the note mentioned in the evidence, which was signed by the parties to the action as sureties for their brother, Levi hi. The note drew interest at the rate of ten per cent., and several payments were made upon it from time to time by the plaintiff. As…
2Cases cited1 opinion
- Bullock v. CampbellCourt of Appeals of Maryland · 1850
3Cited by28 opinions
- Faires v. CockerellTexas Supreme Court · 1895
- State Farm Mutual Automobile Insurance v. ScharaWisconsin Supreme Court · 1972
- Moore v. JenkinsTexas Supreme Court · 1919
- Burrus v. CookSupreme Court of Missouri · 1908
- Kafka v. PopeWisconsin Supreme Court · 1995
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