Sentinel Co. v. Smith
Wisconsin Supreme Court
Appeal from an order of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. On February 25, 1908,* plaintiff entered into a contract, ■with, one E. E. Hull, by tbe terms of which said Hull was, appointed agent and solicitor of tbe Milwaukee Sentinél at. Madison, .Wisconsin. Tbe contract provided that it should continue at least six months and that tbe agent should promptly pay every month for tbe papers sent him, at the-specified price.
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Appeal from an order of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. On February 25, 1908,* plaintiff entered into a contract, ■with, one E. E. Hull, by tbe terms of which said Hull was, appointed agent and solicitor of tbe Milwaukee Sentinél at. Madison, .Wisconsin. Tbe contract provided that it should continue at least six months and that tbe agent should promptly pay every month for tbe papers sent him, at the-specified price. This action is brought to recover $468.80 on. an alleged contract of guaranty signed by the defendant, the-material portion of which is as…
1Opinion of the CourtBarnes, J.
This court is asked to reverse the order of the circuit court on the following grounds:, (1) Because the complaint fails to allege that the plaintiff' accepted and relied on the defendant’s guaranty.(2) Because the guaranty was limited to $500, and all liability thereunder ceased when the agent, Hull, had paid for the first $500 worth of papers delivered to him under his. contract.
*379(3) Because prompt notice of default on tlie part of the agent was not given to the guarantor; and(4) Because plaintiff continued to extend credit to the agent after he had defaulted in making payments that were-due.
2Cases cited24 opinions
- Davis v. WellsSupreme Court of the United States · 1881
- Howe Machine Company v. . FarringtonNew York Court of Appeals · 1880
- Benjamin v. HillardSupreme Court of the United States · 1860
- Board of Supervisors v. . OtisNew York Court of Appeals · 1875
- Gates v. . McKeeNew York Court of Appeals · 1855
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3Cited by5 opinions
- Crown Life Insurance v. LaBonteWisconsin Supreme Court · 1983
- Drovers' Deposit National Bank v. TichenorWisconsin Supreme Court · 1914
- First State Bank of Brillion v. BoetcherWisconsin Supreme Court · 1913
- Sentinel Co. v. SmithWisconsin Supreme Court · 1912
- Crown Life Insurance v. LaBonteWisconsin Supreme Court · 1983