Bailey v. Fink
Wisconsin Supreme Court
Appeal from a judgment of tbe municipal court of Eacine county: Wm. Smiediptg, Je., Judge. Action to recover on a promissory note.
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Appeal from a judgment of tbe municipal court of Eacine county: Wm. Smiediptg, Je., Judge. Action to recover on a promissory note. Tbe defendant Anna Fink answered, among other things, that at tbe time of tbe execution of tbe note she was tbe'wife of tbe defendant Charles Fink, which was well known to tbe plaintiff; that she signed tbe note solely as surety for an antecedent debt of her husband; that tbe note did not concern in any way her separate estate, and that in such signing she did not intend to charge her separate estate. Tbe cause was tried by tbe court and resulted in findings of…
1Opinion of the CourtMaeshall, J.
The only controversy here is as to whether the findings are supported by the evidence. That must be determined in the light of the familiar rule that the conclusions of a trial court on issues of fact are to be regarded as verities on appeal, unless contrary to the clear preponderance of the evidence.
There is no room for fair controversy on the evidence but *375what the note in suit was given to take up one of respondent’s husband’s, secured by a chattel mortgage on some live stock belonging to him, and that she signed as surety. The contention that the trial court erred in bolding that she…
2Cases cited7 opinions
- Loizeaux v. FremderWisconsin Supreme Court · 1904
- Mueller v. WieseWisconsin Supreme Court · 1897
- Stack v. PaddenWisconsin Supreme Court · 1901
- Ritter v. BrussWisconsin Supreme Court · 1902
- Hollister v. BellWisconsin Supreme Court · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- First Wisconsin National Bank v. JahnWisconsin Supreme Court · 1922
- Texas & Pacific Railway Co. v. McCartyCourt of Appeals of Texas · 1908
- Farmers & Merchants Bank v. FrederiksenWisconsin Supreme Court · 1921
- Citizens State Bank of Shawano v. CayouetteWisconsin Supreme Court · 1919