Kavanagh v. O'Neill
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. Action on a promissory note, dated July 28, 1880, executed by Thomas O’jSTeill, Jasper Grisim and Mary H. O’Neill, and payable to the plaintiffs. The complaint alleged the execution and delivery of the note, its non-payment, and that plaintiffs were the owners and holders thereof, and asked judgment for the amount. Mary Jf.
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APPEAL from the County Court of Milwaukee County. Action on a promissory note, dated July 28, 1880, executed by Thomas O’jSTeill, Jasper Grisim and Mary H. O’Neill, and payable to the plaintiffs. The complaint alleged the execution and delivery of the note, its non-payment, and that plaintiffs were the owners and holders thereof, and asked judgment for the amount. Mary Jf. O’Neill answered that she was at the time of making the note, and still continued to be, a married woman, living with her husband in this state; that the note was not given for her own use or benefit, nor for the use or…
1Opinion of the CourtCassoday, J.
The note in suit was given in renewal of a note past due, executed by Thomas O’Neill and Jasper Grisim to the respondents, for a quantity of coal sold and delivered by them to Grisim, to be used in his distillery. At the time of its execution, the appellant, Mrs. O'Neill, was the wife of Thomas O’Neill, and had a separate estate; and it is claimed that the court had the right to infer, as it did, that she intended to charge that estate with the payment of the note, from the mere fact that she signed the same as surety, or accommodation maker, at the request of the respondents through her…
2Cases cited4 opinions
- Todd v. LeeWisconsin Supreme Court · 1862
- Krouskop v. ShontzWisconsin Supreme Court · 1881
- Conway v. SmithWisconsin Supreme Court · 1860
- Carmichael v. ArgardWisconsin Supreme Court · 1881
3Cited by9 opinions
- Shanahan v. City of MadisonWisconsin Supreme Court · 1883
- T. T. Haydock Carriage Co. v. PierWisconsin Supreme Court · 1889
- Fraedrich v. FliethWisconsin Supreme Court · 1885
- Martin v. Ashland Mill Co.Missouri Court of Appeals · 1892
- Mueller v. WieseWisconsin Supreme Court · 1897
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