Eastman v. Porter
Wisconsin Supreme Court
ERROR to the Circuit Court for Green County. Eastman sold to Porter and one Travis, in 1855, certain land, for which the purchasers gave their four joint promissory notes, secured by a mortgage upon the land.
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ERROR to the Circuit Court for Green County. Eastman sold to Porter and one Travis, in 1855, certain land, for which the purchasers gave their four joint promissory notes, secured by a mortgage upon the land. The complaint alleges that at the time of the purchase there was an agreement between Porter and Travis that each should take and own a distinct parcel of the land; that on the 19th of April, 1859, three of the notes having been paid and the last one, which was for $1,000, having fallen due, it was agreed between the plaintiff and defendant that “ the defendant was to pay the plaintiff…
1Opinion of the Court
By the Court,
Dixon, O. J.
Yiewed in the light of high and well settled authority, this case presents no question of doubt or difficulty, save that of the severance of the original joint indebtedness of the defendant and Travis. In all other respects it can hardly be distinguished from the case of Johnson vs. Johnson, 11 Mass., 359, cited by counsel for the plaintiff in error, the doctrines of which are sustained by very many adjudications in addition to those so numerously named by the same counsel. The principles upon which those doctrines rest are quite obvious. It is a clear rule of the…
2Cases cited5 opinions
- Tobey v. BarberNew York Supreme Court · 1809
- Putnam v. LewisNew York Supreme Court · 1811
- Johnson v. WeedNew York Supreme Court · 1812
- Wood v. LakeWisconsin Supreme Court · 1860
- Johnson v. JohnsonMassachusetts Supreme Judicial Court · 1814
3Cited by19 opinions
- A. Leschen & Sons Rope Co. v. Mayflower Gold Mining & Reduction Co.Court of Appeals for the Eighth Circuit · 1909
- Werner v. RiemerWisconsin Supreme Court · 1949
- Merchants National Bank v. GoodWest Virginia Supreme Court · 1883
- Matteson v. EllsworthWisconsin Supreme Court · 1873
- Shepardson v. CaryWisconsin Supreme Court · 1871
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