Schnur v. Hickcox
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. Action upon the official bond of the defendant Hichcox as clerk of the circuit court for Milwaukee county. The other defendants are the sureties in such bond. Iliekoox ceased to be such clerk before the action was brought.
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APPEAL from the County Court of Milwaukee County. Action upon the official bond of the defendant Hichcox as clerk of the circuit court for Milwaukee county. The other defendants are the sureties in such bond. Iliekoox ceased to be such clerk before the action was brought. It appears from the pleadings and proofs, that when Hick-cox was clerk of said court, one Mrs. Schnur brought an action on contract against the present plaintiff, who answered thereto a tender to Mrs. Schnur of $150 in satisfaction of the contract, which sum he paid into court. Hickcox received the money as ,clerk of the…
1Opinion of the CourtLyoit, J.
Atender made before suit, to be available, should be pleaded, and the money tendered paid into court for the benefit of the plaintiff. When this is regularly done, if the plaintiff fails to prove a cause of action for a greater amount than was tendered, judgment goes for the defendant for his costs, but the money paid into court belongs to the plaintiff. It also belongs to him if the defendant fails to prove a valid or sufficient tender; and in such case the plaintiff is entitled to judgment at least for the sum paid into court, and for costs; but execution goes only for the balance of the…
2Cases cited2 opinions
- Becker v. . BoonNew York Court of Appeals · 1874
- Slack v. BrownNew York Supreme Court · 1835
3Cited by8 opinions
- Fox v. WilliamsWisconsin Supreme Court · 1896
- Hole v. HampNebraska Supreme Court · 1937
- Oregon Railway & Navigation Co. v. Oregon Real Estate Co.Oregon Supreme Court · 1882
- Dr. Shoop Family Medicine Co. v. SchowalterWisconsin Supreme Court · 1904
- Ford v. Kenosha CountyWisconsin Supreme Court · 1991
3 more not listed; retrieve them via the Exa API.