Young v. French
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dunn County. The following statement of facts in tbis case was originally prepared by Mr. Justice Cole as a part of Ms opinion: “.The .firm of McGilton, Bracklin & Co., being largely in debt, with the consent of a portion of their creditors, made an agreement with the defendant in writing, by which they put their entire personal property, and the use and control of their mill and other real estate, into the possession of the defendant, with…
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APPEAL from the Circuit Court for Dunn County. The following statement of facts in tbis case was originally prepared by Mr. Justice Cole as a part of Ms opinion: “.The .firm of McGilton, Bracklin & Co., being largely in debt, with the consent of a portion of their creditors, made an agreement with the defendant in writing, by which they put their entire personal property, and the use and control of their mill and other real estate, into the possession of the defendant, with the power to saw up their stock of logs, and to dispose of the lumber manufactured to the best advantage, the proceeds…
1Opinion of the CourtCole, J.
In Dyer v. Gibson, 16 Wis., 557, the chief justice opens the opinion with some observations so very pertinent to the facts of this case and the question of law involved, that I cannot do better than quote them here. He says: “We cannot discuss the question whether the promise of one person, though in form to answer for the still subsisting debt of another, if founded upon a new and sufficient consideration moving from the creditor and promisee to the promisor, and beneficial to the latter, is within the statute of frauds, and therefore void unless it be in writing expressing the consideration…
2Cases cited3 opinions
- Mallory v. . GillettNew York Court of Appeals · 1860
- Brown v. . WeberNew York Court of Appeals · 1868
- Dyer v. GibsonWisconsin Supreme Court · 1863
3Cited by21 opinions
- City Street Improvement Co. v. PearsonCalifornia Supreme Court · 1919
- Winslow v. UrquhartWisconsin Supreme Court · 1875
- Hewett v. CurrierWisconsin Supreme Court · 1885
- Board of Commissioners v. Cincinnati Steam Heating Co.Indiana Supreme Court · 1891
- Howell v. HarveyWest Virginia Supreme Court · 1909
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