Jilson v. Gilbert
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. Action on a joint and several note of defendants for $100, made March 28, 1855, payable to Hannah Peck (afterwards Hannah Pierce, who was plaintiff’s testatrix) or bearer, on or. before April 1, 1857, with interest at twelve per cent. The complaint alleges that no payments had been made on the note.
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APPEAL from the Circuit Court for Jefferson County. Action on a joint and several note of defendants for $100, made March 28, 1855, payable to Hannah Peck (afterwards Hannah Pierce, who was plaintiff’s testatrix) or bearer, on or. before April 1, 1857, with interest at twelve per cent. The complaint alleges that no payments had been made on the note. Answer: 1. That the note was for the individual debt of the defendant Levi P. Gilbert, and that the other defendant, William T. Gilbert, signed it as surety in fact. 2. That the cause of action did not accrue within six years next before the…
1Opinion of the CourtDixon, C. J.
The agreement set up in the answer was not within that branch of the statute of frauds relating to agreements not to be performed within one year, nor had the statute of limitations run upon it; and neither was it an agreement varying or contradicting the terms of the note. The agreement was not within the statute of frauds, for two reasons. In the first place, it was made upon an executed consideration. The services rendered by the defendant Levi P. Gilbert, and for which it is alleged the testatrix agreed to pay,, had been performed before the promise was made; and past services are a…
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