Jones v. Ward
Wisconsin Supreme Court
APPEAL from the Circuit Oourt for Grant County. Action on two promissory notes. The facts in the case, as they appear by the testimony and the findings of the court, are as follows: November 11,1884, one McArthur and the plaintiff, Jones, were the owners, in unequal shares, of a printing establishment consisting of presses and printing materials, from which establishment was issued a weekly newspaper called “ The Dodgeville Sun.”
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APPEAL from the Circuit Oourt for Grant County. Action on two promissory notes. The facts in the case, as they appear by the testimony and the findings of the court, are as follows: November 11,1884, one McArthur and the plaintiff, Jones, were the owners, in unequal shares, of a printing establishment consisting of presses and printing materials, from which establishment was issued a weekly newspaper called “ The Dodgeville Sun.” They also owned a quantity of book-accounts, wThich had accrued in their business. On that day McArthur sold a portion of his interest in such establishment to one…
1Opinion of the CourtLyost, J.
Briefly stated, the case, so far as there is any controversy, is as follows: The defendant became surety for Cook’s debt to the plaintiff, and Cook indemnified him by executing to him a chattel mortgage on certain property. The plaintiff released Cook from liability for such debt, without the consent of the defendant. Afterwards, defendant sold his security to McArthur, without the consent of the plaintiff, for the consideration (as the circuit court found) of $475.
The only question in the case is, Did the release of Cook also release the defendant, his surety ? The general rule undoubtedly…
2Cases cited1 opinion
- Fay v. TowerWisconsin Supreme Court · 1883
3Cited by3 opinions
- Thomas v. WasonColorado Court of Appeals · 1896
- Hardester v. TateMissouri Court of Appeals · 1900
- Thomas v. WasonColorado Court of Appeals · 1896