Drovers' Deposit Nat. Bank v. Tichenor
District Court, E.D. Wisconsin
At Raw. Action by the Drovers’ Deposit National Bank against M. H. Tichenor on a guaranty. On demurrer to complaint. The-plaintiff, a national bank located at Chicago, sues to recover from the defendant $9,983.50, with interest from July 27, 1910, the equivalent of £2,050 sterling, alleged to be due on the following note: “£2,050. London, 29th July, 1908. “On the twenty-seventh day of July, nineteen hundred and ten, I promise to pay to Tichenor-Grand Company, or order, at…
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At Raw. Action by the Drovers’ Deposit National Bank against M. H. Tichenor on a guaranty. On demurrer to complaint. The-plaintiff, a national bank located at Chicago, sues to recover from the defendant $9,983.50, with interest from July 27, 1910, the equivalent of £2,050 sterling, alleged to be due on the following note: “£2,050. London, 29th July, 1908. “On the twenty-seventh day of July, nineteen hundred and ten, I promise to pay to Tichenor-Grand Company, or order, at Parr’s Bank, London, two thousand and fifty pounds sterling, for value received. “Alfred J. Nicholson. •‘Due July 29,…
1Opinion of the CourtGeiger, District Judge
(after stating the facts as above).
[1] To sustain the demurrer, the defendant contends that the written undertaking signed by him — if upon it alone liability is predicated — neither expresses nor has the support of a consideration, and hence is avoided by the statute of frauds of Wisconsin and of Illinois; and that the complaint alleges no facts disclosing liability upon any transaction not within such statute.
Upon its face the agreement dated September 30, 1909, certainly purports to be a special collateral undertaking to pay at maturity the notes of A. J. Nicholson, dated and delivered…
2Cases cited9 opinions
- Weisel v. SpenceWisconsin Supreme Court · 1884
- Clapp v. WebbWisconsin Supreme Court · 1881
- Commercial National Bank of Appleton v. SmithWisconsin Supreme Court · 1900
- Taylor v. PrattWisconsin Supreme Court · 1854
- Parry v. SpikesWisconsin Supreme Court · 1880
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Escola v. Coca Cola Bottling Co.California Supreme Court · 1944
- Chrysler Corp. v. Clark Climate Control Co.District Court, E.D. Wisconsin · 1947
- Escola v. Coca Cola Bottling Co.California Supreme Court · 1944