French v. Marsh
Wisconsin Supreme Court
APPEAL from the Circuit Court for Kenosha County. Action upon a guaranty of the “ collection of one-half a note given by S. Park Coon,” the obligation to become void “if said note is collectible.”
Read the full summary
APPEAL from the Circuit Court for Kenosha County. Action upon a guaranty of the “ collection of one-half a note given by S. Park Coon,” the obligation to become void “if said note is collectible.” The complaint alleges that the plaintiff and the defendants jointly advanced $1,000 to Coon, on the security of his note and mortgage, due in May, 1865, the plaintiff furnishing one-half, and the defendants one-half the amount; that the defendants borrowed the amount advanced by them from a bank, giving their note for it, which he afterwards, at their request, paid and took up, they executing this…
1Opinion of the CourtCole, J.
This is an action upon a contract of guaranty, which is in the following words: “ Eor a valuable consideration to us in hand paid by Alvin G. French, we hereby guarantee the collection of one-half a note given by S. Park Coon to said A. G. French for the sum of one thousand dollars, which note bears date the 2d day of May, 1864, and is secured by a mortgage; and if, said note is collectible, this obligation becomes null and void.”
“ Bristol, January 13, 1865.
This guaranty was signed by the defendants. The defense was, that the guaranty was without consideration, and that the plaintiff had…
2Cases cited1 opinion
- Day v. ElmoreWisconsin Supreme Court · 1856
3Cited by12 opinions
- Bedford v. KelleyMichigan Supreme Court · 1913
- Scott v. City of TampaSupreme Court of Florida · 1947
- Bosman v. AkeleyMichigan Supreme Court · 1878
- Brackett v. RichSupreme Court of Minnesota · 1877
- Cottrell v. New London Furniture Co.Wisconsin Supreme Court · 1896
7 more not listed; retrieve them via the Exa API.