Outagamie County Bank of Appleton v. Tesch
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Outa-gamie county: Edgar V. Werner, Circuit Judge. Plaintiff was payee in a promissory note for $430 dated June 20, 1916, which had been signed by defendants Mielke and Douglas as makers and against whom judgment was entered by default. The defendant William Tesch had indorsed his name upon the back of this note, and below such indorsement there was stamped an ordinary form of guaranty and waiver.
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Appeal from a judgment of the circuit court for Outa-gamie county: Edgar V. Werner, Circuit Judge. Plaintiff was payee in a promissory note for $430 dated June 20, 1916, which had been signed by defendants Mielke and Douglas as makers and against whom judgment was entered by default. The defendant William Tesch had indorsed his name upon the back of this note, and below such indorsement there was stamped an ordinary form of guaranty and waiver. Just below this guaranty the defendant and appellant, William C. Tesch, who was the son of the defendant William Tesch, signed his father’s name as…
1Opinion of the CourtEschweiler, J.
The defendant William C. Tesch could not.be held liable upon the written guaranty itself because, there were no words thereon which bound him personally, the contrary appearing from the nature of the signature, which showed on its face that he purported to act as agent only. He can be held liable, if at all, either on the ground that there was some element of deceit or fraud in that which he did, or on the ground that there was an express or implied warranty on his part that when he assumed to act as agent he had authority so to do. McCurdy v. Rogers, 21 Wis. 197, 202; Oliver v. Morawetz, 97…
2Cases cited12 opinions
- Merchants' National Bank v. Nichols & Shepard Co.Illinois Supreme Court · 1906
- Haupt v. VintWest Virginia Supreme Court · 1911
- Peoples National Bank v. DixwellMassachusetts Supreme Judicial Court · 1914
- Oliver v. MorawetzWisconsin Supreme Court · 1897
- McCurdy v. RogersWisconsin Supreme Court · 1866
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3Cited by2 opinions
- Smith v. StarkeyWisconsin Supreme Court · 1930
- Loveland v. HansonWisconsin Supreme Court · 1920