Vogel v. Melms
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. Action upon an oral promise of indemnity alleged to have been made by the defendant, Leopold Melms, and by which the plaintiff was induced to endorse a promissory note executed by William Melms, and payable to the plaintiff’s order, which note plaintiff was afterwards compelled to pay. The substance of the case was thus stated by Mr. Justice Cole, in his opinion.
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APPEAL from the County Court of Milwaukee County. Action upon an oral promise of indemnity alleged to have been made by the defendant, Leopold Melms, and by which the plaintiff was induced to endorse a promissory note executed by William Melms, and payable to the plaintiff’s order, which note plaintiff was afterwards compelled to pay. The substance of the case was thus stated by Mr. Justice Cole, in his opinion. “ It appears that on the 10th of August, 1870, the plaintiff endorsed the note described in the complaint. This note was executed by William Melms and made payable to the plaintiff’s…
1Opinion of the Court
The following opinion was filed at the January term, 1872.
Cole, J.
The only question of any difficulty in this case is that which arises upon the statute of frauds. If the alleged undertaking of the defendant is not a promise on his part to answer for the debt or default of another, within the meaning of that statute, then it is plain the other exceptions taken on the trial, to the sufficiency of the complaint and the admission of the evidence in respect to the insolvency of "William Melms, must be overruled.
It appears to us that the instructions given were applicable to the facts which the…
2Cases cited1 opinion
- Shook v. VanmaterWisconsin Supreme Court · 1868
3Cited by14 opinions
- Anderson v. SpenceIndiana Supreme Court · 1880
- Weisel v. SpenceWisconsin Supreme Court · 1884
- Drovers' Deposit National Bank v. TichenorWisconsin Supreme Court · 1914
- Minick v. HuffNebraska Supreme Court · 1894
- Rose v. WollenbergOregon Supreme Court · 1896
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