Jameson v. Barber
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waukesha, County. The facts are stated in the opinion. Tbe note in suit was in the form, “ I promise to pay,” etc. The circuit court directed a verdict for the defendant, Silas Barber, and from the judgment entered thereon the plaintiff appealed. They argued, inter alia, that the allowance of the claim, though partaking of many of the features of a judgment, is not in a'strict sense a judgment.
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APPEAL from the Circuit Court for Waukesha, County. The facts are stated in the opinion. Tbe note in suit was in the form, “ I promise to pay,” etc. The circuit court directed a verdict for the defendant, Silas Barber, and from the judgment entered thereon the plaintiff appealed. They argued, inter alia, that the allowance of the claim, though partaking of many of the features of a judgment, is not in a'strict sense a judgment. Zouis v. Triseony, 58 Cal., 305. When two persons are jointly and severally liable on a contract, judgment against one is no merger and no bar to suit against the…
1Opinion of the CourtOrton, J.
On the 17th. day of March, 1873, one Manville Barber and the defendant gave to the plaintiff their joint and several note for the sum of $2,500, payable one year after date, “ with interest at the rate of ten per cent, per annum after date until paid.” Soon after the giving of the note, Manville Barber died, and the defendant was appointed sole executor of his estate, and this note having been presented as a claim against the estate, it was duly allowed and adjudged as such on the 31st day of October, 1874, by the county court of Waukesha county, having jurisdiction thereof. Afterwards…
2Cases cited19 opinions
- Ryan v. . WardNew York Court of Appeals · 1872
- Livingston v. BishopNew York Supreme Court · 1806
- Ward v. JohnsonMassachusetts Supreme Judicial Court · 1816
- McReady v. RogersNebraska Supreme Court · 1871
- Bank of Orange County v. KidderSupreme Court of Vermont · 1848
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- United States v. PaisleyDistrict Court, N.D. Illinois · 1938
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