Holmes v. Webb
Wisconsin Supreme Court
Appeal from a judgment and an order of tbe circuit court for Winnebago county: Geo. W. BubNell, Circuit Judge. This is an action to recover the amount of two promissory notes' given by the Wisconsin Grain and Fuel Company to the plaintiffs, together with the costs of the action. These notes were given by the Wisconsin Grain and Fuel Company for a pre-existing debt it owed the plaintiffs, Holmes and Hertzberger, doing business as the Holmes-Hertzberger Fuel Company.
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Appeal from a judgment and an order of tbe circuit court for Winnebago county: Geo. W. BubNell, Circuit Judge. This is an action to recover the amount of two promissory notes' given by the Wisconsin Grain and Fuel Company to the plaintiffs, together with the costs of the action. These notes were given by the Wisconsin Grain and Fuel Company for a pre-existing debt it owed the plaintiffs, Holmes and Hertzberger, doing business as the Holmes-Hertzberger Fuel Company. Before delivery the notes were guaranteed by the defendants James Ji. Webb and F. J. Barber in the following terms: “For value…
1Opinion of the CourtSiebeckeR, J.
The trial court’s order that the defendants’ answer be stricken out as frivolous and granting leave to the defendants to serve another answer was not followed by the defendants by answering over and judgment was entered against all the defendants.
The defendants Webb and Barber, appellants in the action, contend that the court erred in striking out their answers as frivolous. It is urged that the allegation of their answer is sufficient to show the guaranty of the notes signed by them is void for want of a consideration. We are cited to Jenkins v. Schaub, 14 Wis. 1, and other cases recognizing *283…
2Cases cited4 opinions
- Day v. ElmoreWisconsin Supreme Court · 1856
- Dahlman v. HammelWisconsin Supreme Court · 1878
- Jenkins v. SchaubWisconsin Supreme Court · 1861
- Van Ness v. CorkinsWisconsin Supreme Court · 1860
3Cited by4 opinions
- Klingseisen v. State Highway CommissionWisconsin Supreme Court · 1964
- Maryland Casualty Co. v. HjorthWisconsin Supreme Court · 1925
- Perry v. RiskeWisconsin Supreme Court · 1957
- May Tire & Service, Inc. v. Sinclair Refining Co.Wisconsin Supreme Court · 1942