Parry v. Spikes
Wisconsin Supreme Court
APPEAL from the County Court of Winnebago County. Action against defendants as guarantors of the payment of a promissory note.
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APPEAL from the County Court of Winnebago County. Action against defendants as guarantors of the payment of a promissory note. The case made by the complaint was this: On the 2d of August, 1877, at Oshlcosh, one Stanley sold to one Ellsworth a large quantity of goods; and, in part payment therefor and in consideration thereof, Ellsworth executed and delivered to Stanley bis promissory note, wliereby, “ one year after date, for value received,” be promised to pay said Stanley or order $-150 with interest at a specified rate. After tbe execution of tbe note and before its delivery to the payee,…
1Opinion of the CourtCole, J.
The ruling of the county court sustaining the demurrer to the complaint is clearly supported by the decision in Taylor v. Pratt, 3 Wis., 674, decided by this court a quarter of a century ago. The facts stated in the complaint are substantially the same as those presented on the record in that case; consequently the order cannot be reversed without overruling Taylor v. Pratt.
We are decidedly opposed to unsettling a rule of law of such practical importance in the business transactions of every day, which was established so long ago upon the fullest argument, after great deliberation, whatever…
2Cases cited2 opinions
- Houghton v. ElyWisconsin Supreme Court · 1870
- Taylor v. PrattWisconsin Supreme Court · 1854
3Cited by9 opinions
- Commercial National Bank of Appleton v. SmithWisconsin Supreme Court · 1900
- Continental National Bank of Chicago v. McGeochWisconsin Supreme Court · 1889
- Young v. BrownWisconsin Supreme Court · 1881
- M. J. Wallrich Land & Lumber Co. v. EbenreiterWisconsin Supreme Court · 1934
- Alltone Co. v. CebellWisconsin Supreme Court · 1928
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