Irvine v. Adams
Wisconsin Supreme Court
APPEAL from fclie Circuit Court for La Fayette County. This action was brought against Thomas H. Maynard, J. Lester Adams and W. Thompson Adams, on a promissory note executed by them in the following form: “ Apple Rivee, 'III., Mat 5, 1870. Twelve months after date we promise to pay to the order of Samuel Irvine, five hundred dollars, at ten per cent, per annum, value received. “Maynard & Adams. UW. T. Adams.”
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APPEAL from fclie Circuit Court for La Fayette County. This action was brought against Thomas H. Maynard, J. Lester Adams and W. Thompson Adams, on a promissory note executed by them in the following form: “ Apple Rivee, 'III., Mat 5, 1870. Twelve months after date we promise to pay to the order of Samuel Irvine, five hundred dollars, at ten per cent, per annum, value received. “Maynard & Adams. UW. T. Adams.” Only the defendant W. Thompson Adams answered; and his defense was that, at the request of the plaintiff and of his codefendants, he executed the note merely as a surety, and that…
1Opinion of the CourtOole, J.
On the face of the note,'the defendant W. Thomp*474son Adams appears to be a joint maker. But parol testimony was offered on the part of the defense, and received against the plaintiff’s objection, to show that he really signed the note as surety. The first error assigned here for a reversal of the judgment, is the admission of this testimony. It is insisted by the learned counsel for the plaintiff', that, to permit a party who appears to have signed a note as principal, to show by parol that he signed as surety, is a violation of the well settled rule of evidence, that a written contract cannot…
2Cases cited4 opinions
- Hubbard v. . GurneyNew York Court of Appeals · 1876
- Harris v. NewellWisconsin Supreme Court · 1877
- Meiswinkle v. JungWisconsin Supreme Court · 1872
- St. Maries v. PolleysWisconsin Supreme Court · 1879
3Cited by8 opinions
- Fanning v. MurphyWisconsin Supreme Court · 1906
- Drescher v. FulhamColorado Court of Appeals · 1898
- Omaha National Bank v. JohnsonWisconsin Supreme Court · 1901
- Ritter v. BrussWisconsin Supreme Court · 1902
- American & General Mortg. & Inv. Corp. v. MarquamU.S. Circuit Court for the District of Oregon · 1894
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