Kaufer v. Stumpf
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: WareeN D. TarraNT, Circuit Judge. Action to foreclose a mortgage and to .obtain a judgment against Charles J. Btuw/pf as one personally liable for tbe mortgage indebtedness, as well as against John Stumpf, Jr.,, maker of tbe note mentioned in tbe mortgage.
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Appeal from a judgment of tbe circuit court for Milwaukee county: WareeN D. TarraNT, Circuit Judge. Action to foreclose a mortgage and to .obtain a judgment against Charles J. Btuw/pf as one personally liable for tbe mortgage indebtedness, as well as against John Stumpf, Jr.,, maker of tbe note mentioned in tbe mortgage. Tbe complaint contained all tbe usual allegations for tbe foreclosure of a mortgage as to tbe defendant John Stumpf,. Jr. Tbe note was for $3,500, payable two years after-date witb interest at tbe rate of six per cent, per annum, payable according to tbe tenor and effect of…
1Opinion of the CourtMaesiiall, J.
At the outset on this appeal stands the contention of appellant that respondent waived the statute of frauds (sec. 2307, Stats. 1898), relating to the validity of any agreement to answer for the debt, default, or miscarriage of another, by not pleading it, and, therefore, that the court erred in applying such statute to the guaranty found 'to have been made by respondent and upon which his liability rests, if he is liable at all.
As no contract of guaranty, valid or invalid, was set forth in the complaint respondent was in no position to plead the statute on that subject as a defense. The…
2Cases cited12 opinions
- Hoile v. BaileyWisconsin Supreme Court · 1883
- Putney v. FarnhamWisconsin Supreme Court · 1870
- Allen v. RichardSupreme Court of Missouri · 1884
- Dyer v. GibsonWisconsin Supreme Court · 1863
- Taylor v. MerrillIllinois Supreme Court · 1870
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3Cited by4 opinions
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