Hallock v. Yankey
Wisconsin Supreme Court
Appeal from a judgment of the county court of Dodge-county: M. S. G-eiswold, Judge. This was an action against the defendants to enforce their liability as guarantors of a promissory note. The defense was that the note had been extended by the holder thereof without the consent of the defendants, and consequently that they were released from liability.
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Appeal from a judgment of the county court of Dodge-county: M. S. G-eiswold, Judge. This was an action against the defendants to enforce their liability as guarantors of a promissory note. The defense was that the note had been extended by the holder thereof without the consent of the defendants, and consequently that they were released from liability. The evidence was meager, and showed that on the 23d of October, 1891, the ■Juneau Manufacturing Company, a corporation of Juneau, Wisconsin, borrowed $200 at the Citizens’ Bank of Juneau, and executed a note for the same, payable ten days after…
1Opinion of the CourtWinslow, J.
As to the defendant Hartzheim there can be no doubt that the verdict was rightly directed. His liability was that of a surety alone, and, upon very familiar principles of law, he was discharged if the time of payment of the note was definitely extended by a valid agreement without his consent. Weed Sewing Machine Co. v. Oberreich, 38 Wis. 325. Whatever may be the fact as to Sartzheim's presence at the time of the first extension of the note, it appears without dispute that the note was definitely extended in consideration of the prepayment of interest a number of times afterwards, without his…
2Cases cited3 opinions
- Robertson v. SmithNew York Supreme Court · 1821
- Batavian Bank v. McDonaldWisconsin Supreme Court · 1890
- Weed Sewing Machine Co. v. OberreichWisconsin Supreme Court · 1875
3Cited by9 opinions
- First Trust Co. v. Airedale Ranch & Cattle Co.Nebraska Supreme Court · 1939
- Cooper Investments v. CongerColorado Court of Appeals · 1989
- Cusick v. IfshinCivil Court of the City of New York · 1972
- Omaha National Bank v. JohnsonWisconsin Supreme Court · 1901
- A. B. Klise Lumber Co. v. EnkemaSupreme Court of Minnesota · 1921
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