Grauman, Marx & Cline Co. v. Krienitz
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Milwaukee county: OeeeN T. Williams, Circuit Judge. Tbe appeal is from an order denying tbe application of defendant, wbo was under twenty-one years of age, to vacate a judgment against bim and permit bim to defend. Tbe action was to recover on a promissory note upon wbicb appellant was an accommodation maker. Tbe complaint was duly verified. .No answer was served. Judgment by de-' fault was taken, in due course.
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Appeal from an order of tbe circuit court for Milwaukee county: OeeeN T. Williams, Circuit Judge. Tbe appeal is from an order denying tbe application of defendant, wbo was under twenty-one years of age, to vacate a judgment against bim and permit bim to defend. Tbe action was to recover on a promissory note upon wbicb appellant was an accommodation maker. Tbe complaint was duly verified. .No answer was served. Judgment by de-' fault was taken, in due course. Nothing appeared of record indicating that appellant was a minor. Execution was duly issued on tbe judgment and returned unsatisfied.…
1Opinion of the CourtMaRShaul, J.
The situation, in brief, stating it as favorably for respondent as the moving papers will reasonably permit of, is this: Respondent and its agent believed, as above indicated, that when appellant signed the guaranty, he was of age, and, so believing, accepted him as security for payment of the indebtedness afterwards incurred. It did not, at the time the note was given, concede that he was not liable on the guaranty. When the note was signed respondent’s agent believed that, if appellant were not of age in the first instance, he had arrived at his majority in the meantime. Respondent in the…
2Cases cited10 opinions
- Williamson v. JonesWest Virginia Supreme Court · 1897
- O'Hara v. MacConnellSupreme Court of the United States · 1876
- Steed v. PettyTexas Supreme Court · 1886
- Whittington v. Doe ex dem. WrightSupreme Court of Georgia · 1850
- Commander v. BrazilMississippi Supreme Court · 1906
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3Cited by13 opinions
- Stetz v. F. Mayer Boot & Shoe Co.Wisconsin Supreme Court · 1916
- King v. WilsonCalifornia Court of Appeal · 1931
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- Trolinger v. CluffIdaho Supreme Court · 1936
- Wisconsin Loan & Finance Corp. v. GoodnoughWisconsin Supreme Court · 1930
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