Nunnemacher v. Poss
Wisconsin Supreme Court
Appeals from a judgment and an order of the circuit ■court for Milwaukee county: LawbeNCE W. Halsey, Circuit Judge. Two appeals from the circuit court for Milwaukee county, heard together by stipulation of the parties. Action to foreclose a mortgage.
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Appeals from a judgment and an order of the circuit ■court for Milwaukee county: LawbeNCE W. Halsey, Circuit Judge. Two appeals from the circuit court for Milwaukee county, heard together by stipulation of the parties. Action to foreclose a mortgage. Appellants Jacob Poss, August Lindenlaub, Franlc Gutzmer, B. W. Kuhn and Died-rich Thiele, were joined as defendants "with, the mortgagor,, the Gymnastic Association of the North Side of Milwaukee, a corporation, npon the ground that they were personally liable for the mortgage debt. The mortgage and note were similarly signed. The note was as…
1Opinion of the CourtMabshalu, J.
It must be conceded that if tbe note sued on is free from ambiguity, it must be taken, without tbe aid of rules for judicial construction, as indicating tbe capacity *448in which appellants signed it. It seems to admit, reasonably,, of bnt one meaning, viz.: that the individuals signed their names, as well as that of the corporation, to the paper as promisors. The language, “The Gymnastic Association of the North Side of Milwaukee, and we the undersigned promise to pay,” seems to leave no room for reasonable controversy but that the name of the company was signed to the note in conjunction with…
2Cases cited9 opinions
- Liebscher v. KrausWisconsin Supreme Court · 1889
- Jones v. ClarkCalifornia Supreme Court · 1871
- Miller v. RoachMassachusetts Supreme Judicial Court · 1889
- Farmers' & Mechanics' Bank of Savings v. ColbyCalifornia Supreme Court · 1883
- Pearse v. WelbornIndiana Supreme Court · 1873
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