Norton v. Kearney
Wisconsin Supreme Court
APPEAL PROM CIRCUIT COTTRT, RACINE COUNTY. This action, was commenced by Nelson B. Norton, against John Kearney, Charles J. Jones, and Washington I. Butler.
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APPEAL PROM CIRCUIT COTTRT, RACINE COUNTY. This action, was commenced by Nelson B. Norton, against John Kearney, Charles J. Jones, and Washington I. Butler. The complaint set forth that one Charles N. Norton and Charles Nairn were indebted to the plaintiff for money lent, &c., $487; also that he became surety for them on several promissory notes, amounting to $708,85, with interest, and to secure the payment of the same, Norton and Naim sold and assigned a stock of merchandise, then in the store of one Barnes, at Burlington, Racine county, and put him in possession of the same: that the…
1Opinion of the Court
By the Court,
Dixon, C. J.
There is no rule better established than that all contemporaneous agreements between the same parties, and in relation to the same subject matter, are to be taken together and construed as one instrument for the purpose of determining the character of the transaction, and the intention of the makers. It is unnecessary to cite authorities in support of this rule, as they are familiar to every lawyer. Accordingly the bill of sale of Norton & Nairn to Nelson R. Norton, and his agreement back to them, made on the 26th of November, 1856, are to be construed together. When…
2Cases cited6 opinions
- Hutchinson v. LordWisconsin Supreme Court · 1853
- Nye v. Van HusanMichigan Supreme Court · 1859
- Keep v. SandersonWisconsin Supreme Court · 1853
- Jones v. LakeWisconsin Supreme Court · 1853
- Sharpless v. WelshSupreme Court of the United States · 1803
1 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Winner v. HoytWisconsin Supreme Court · 1886
- Brooke v. StruthersMichigan Supreme Court · 1896
- Vilas v. MasonWisconsin Supreme Court · 1870
- Bound v. Wisconsin Central RailroadWisconsin Supreme Court · 1878
- Corbett v. Physicians' Casualty Ass'n of AmericaWisconsin Supreme Court · 1908
27 more not listed; retrieve them via the Exa API.