Riley v. Gregg
Wisconsin Supreme Court
APPEAL from Circuit Court for Milwaulcee County. Action for a perpetual injunction to restrain the collection of a judgment, entered by warrant of attorney on a promissory note for $200, dated March 19, 1857, payable eight months after date to Gregg against the plaintiff Hugh Riley and one Goodman ; in favor of said Gregg the present defendant.
Read the full summary
APPEAL from Circuit Court for Milwaulcee County. Action for a perpetual injunction to restrain the collection of a judgment, entered by warrant of attorney on a promissory note for $200, dated March 19, 1857, payable eight months after date to Gregg against the plaintiff Hugh Riley and one Goodman ; in favor of said Gregg the present defendant. The complaint after setting out the entry of the judgment and the issuing of an execution thereon, and its levy on the property of the plaintiff, alleged that the defendant received the note on which the j udgment was entered for a debt against…
1Opinion of the Court
By the Court,
Dixon, C. J.
The court is of opinion that the judgment, below should be affirmed, on the ground that the defendant by extending the time of payment of the note to Goodman, the principal, absolved the plaintiff from responsibility as surety. The agreement to extend is clear enough, for the defendant himself testifies to it, or to facts which are incapable of any other interpretation.
But it is objected that as the plaintiff executed the note in form as principal and not as surety, parol evidence is inadmissible to show his real relations to the other contracting parties, and that to…
2Cases cited2 opinions
- Branch of the Bank of the State v. JamesSupreme Court of Alabama · 1846
- Draper v. TrescottNew York Supreme Court · 1859
3Cited by12 opinions
- Fanning v. MurphyWisconsin Supreme Court · 1906
- Ford v. HancockSupreme Court of Arkansas · 1880
- Hoffman v. HabighorstOregon Supreme Court · 1901
- Drescher v. FulhamColorado Court of Appeals · 1898
- Hamilton v. ProutyWisconsin Supreme Court · 1880
7 more not listed; retrieve them via the Exa API.