Estate of Koch
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: E. C. Eschweilee,, Circuit Judge. Proceedings involving the right of contribution between cosureties. Three persons, John C. Koch, deceased, Henry A. Koch, the respondent, and one Loeber, signed a guaranty of certain debts of a corporation in which all were stockholders. Subsequently, one became bankrupt and later a second bought the stock owned by the third, giving his promissory notes therefor.
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Appeal from a judgment of tbe circuit court for Milwaukee county: E. C. Eschweilee,, Circuit Judge. Proceedings involving the right of contribution between cosureties. Three persons, John C. Koch, deceased, Henry A. Koch, the respondent, and one Loeber, signed a guaranty of certain debts of a corporation in which all were stockholders. Subsequently, one became bankrupt and later a second bought the stock owned by the third, giving his promissory notes therefor. Later the vendee died, not having paid his notes, and leaving, as part of his estate, a controlling interest in the stock.…
1Opinion of the Court
The following opinion was filed January 9, 1912:
Marshall, J.
The judgment must be affirmed. Not because it is grounded upon altogether legitimate logic; but because it is right.
Compulsory contribution between cosureties does not rest in mere equity though, true, such is the origin of the law. The individual chancellor cannot, as an original proposition, do in each case what he may think will fit the facts from the standpoint of justice in the abstract. He cannot merely seize upon his ideal in the moral sense and vitalize it by a decree. *555That ‘would make contribution depend on arbitration in…
2Cases cited21 opinions
- Brister v. StateSupreme Court of Alabama · 1855
- Fanning v. MurphyWisconsin Supreme Court · 1906
- Hangen v. . HachemeisterNew York Court of Appeals · 1889
- Charmley v. CharmleyWisconsin Supreme Court · 1905
- Sherman v. . FosterNew York Court of Appeals · 1899
16 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Ainsworth v. BergWisconsin Supreme Court · 1948
- Western Casualty & Surety Co. v. Milwaukee General Construction Co.Wisconsin Supreme Court · 1933
- Sylvester v. Martin (In Re Martin)United States Bankruptcy Court, N.D. Illinois · 1991
- Trossman v. PhilipsbornAppellate Court of Illinois · 2007
- Waters v. WatersSupreme Court of Connecticut · 1930
21 more not listed; retrieve them via the Exa API.