Hoover v. McCormick
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. The action was brought against Spensley, as maker, and MoCormioh, as guarantor, of two promissory notes.
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APPEAL from the Circuit Court for Grant County. The action was brought against Spensley, as maker, and MoCormioh, as guarantor, of two promissory notes. MeOor-micle's answer alleged that plaintiffs received from Spensley chattel mortgage security for the payment of the notes, from which, with reasonable diligence, they could have realized enough to pay the notes in full, but that they have failed to avail themselves of such security; also that if his signature was in fact obtained to a guaranty upon the notes, it was obtained by fraud on the part of plaintiffs in representing that he was…
1Opinion of the CourtWiNslow, J.
The plaintiffs were clearly entitled to judgment upon the undisputed facts. No discussion of the exceptions in detail is necessary. No evidence was given or offered which tended to show any fraud in procuring MoOormick's signature to the guaranty of payment. The utmost that can be claimed is that it tended to shoyr that he made a mistake, and signed a guaranty of payment when he only intended to indorse the note. There is nothing tending to show that he did not intend .to waive demand and notice of nonpayment. Indorsement, with demand and notice waived, is an absolute agreement to pay if the…
2Cases cited1 opinion
- Day v. ElmoreWisconsin Supreme Court · 1856
3Cited by7 opinions
- Kinsel v. BallouCalifornia Supreme Court · 1907
- Carver v. SteeleCalifornia Supreme Court · 1897
- Loverin & Browne Co. v. TravisWisconsin Supreme Court · 1908
- Walmer v. First Acceptance Co.Wisconsin Supreme Court · 1927
- Manchester Savings Bank v. LynchSupreme Court of Minnesota · 1922
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