Weed Sewing Machine Co. v. Oberreich
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sheboygan County. The complaint states, in substance, that the plaintiff company, by its agent, one Thomas, agreed to furnish defendant Walther (who was about to enter upon the business of buying and selling sewing machines), with machines manufactured b,y it, for the purposes of his business ; that thereupon Walther as principal, and the other defendants as sureties, executed a bond in the penal sum of one thousand dollars, in which Thomas…
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APPEAL from the Circuit Court for Sheboygan County. The complaint states, in substance, that the plaintiff company, by its agent, one Thomas, agreed to furnish defendant Walther (who was about to enter upon the business of buying and selling sewing machines), with machines manufactured b,y it, for the purposes of his business ; that thereupon Walther as principal, and the other defendants as sureties, executed a bond in the penal sum of one thousand dollars, in which Thomas was named as obligee and described as the agent of the plaintiff, and which was conditioned that Walther should pay for…
1Opinion of the CourtLyon, J.
We think the averments of the complaint sufficiently show that, although the plaintiff’s agent, Thomas, is named in the bond as obligee, the plaintiff is, and from the inception thereof has been, the owner of the bond and the real party in interest, and may maintain an action thereon. in its own name without alleging an assignment from Thomas. But we do not care to discuss this proposition at the present time, because we have reached the conclusion that, as to the sureties, the complaint is fatally defective.
It is not disputed that if the time of credit was extended by the plaintiff without…
2Cited by4 opinions
- Weed Sewing Machine Co. v. WinchelIndiana Supreme Court · 1886
- Johnston Harvester Co v. McLeanWisconsin Supreme Court · 1883
- Hallock v. YankeyWisconsin Supreme Court · 1899
- American Button-Hole, Overseaming & Sewing Machine Co. v. GurneeWisconsin Supreme Court · 1878