Otto v. Klauber
Wisconsin Supreme Court
ERROR to tbe Circuit Court for Dane County. ■ This action was commenced by Klauber against Otto to recover a balance due on an account for groceries, etc., furnished to the defendant.
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ERROR to tbe Circuit Court for Dane County. ■ This action was commenced by Klauber against Otto to recover a balance due on an account for groceries, etc., furnished to the defendant. The facts proved on the trial were substantially these: that in November, 1867, the parties had a settlement; that it was found that the defendant owed Klauber on private account, for groceries, $373.64, and Klauber & Go., for dry goods, $646.43 ; that thereupon he paid $712.50, and received from the plaintiff a receipt for that amount “ in full of accounts to date, of dry goods and groceries.” The receipt was…
1Opinion of the CourtPaiNE, J.
Ever since the case of Cumber v. Wane, 1 Strange, 426, it has been the settled law, that a bald promise by a creditor, for no other consideration or benefit than the mere payment in money of a part of an admitted debt, to accept such part in satisfaction of the whole, was void for want of a consideration. In the notes to that case in 1 Smith’s Leading Oases, 549, the English and American authorities are collected, *474from which it appears that several qualifications to the general rule have been established, based upon some new matter of advantage to the creditor, to which the debtor was not…
2Cases cited1 opinion
- Palmer v. YagerWisconsin Supreme Court · 1865
3Cited by9 opinions
- Flambeau Products Corp. v. Honeywell Information Systems, Inc.Wisconsin Supreme Court · 1984
- Herman v. SchlesingerWisconsin Supreme Court · 1902
- Lathrop v. KnappWisconsin Supreme Court · 1870
- Continental National Bank of Chicago v. McGeochWisconsin Supreme Court · 1896
- Weidner v. Standard Life & Accident InsuranceWisconsin Supreme Court · 1906
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