Smith v. Dickinson
Wisconsin Supreme Court
Appeal from a judgment of tbe superior court of Milwaukee county: Geo. E. SutheklAND, Judge. Action for contribution between guarantors. Plaintiff and defendant jointly guaranteed tbe payment of a promissory note, wbieb, in process of time, plaintiff was compelled to pay in full, whereupon be brought this action against bis co-guarantor to recover one half of tbe amount so paid.
Read the full summary
Appeal from a judgment of tbe superior court of Milwaukee county: Geo. E. SutheklAND, Judge. Action for contribution between guarantors. Plaintiff and defendant jointly guaranteed tbe payment of a promissory note, wbieb, in process of time, plaintiff was compelled to pay in full, whereupon be brought this action against bis co-guarantor to recover one half of tbe amount so paid. Tbe defendant answered, denying that plaintiff paid tbe note as-claimed by him, and alleging that he paid it by discharging his own indebtedness to the corporation. The facts claimed in that regard were also set up as…
1Opinion of the CourtMarshall, J.
The principal contentions of appellant on this appeal are tbat the court should have found that assessments on stock subscriptions were due and payable to the maker of the note from plaintiff; that such maker was insolvent so that any sum paid by defendant as contributor could not subsequently be recovered of such maker by him; And that by reason of the facts defendant was entitled in equity to the use, as an equitable counterclaim to plaintiff’s cause of action, of the latter’s indebtedness to the corporation. The equitable doctrine invoked is well established. It permits claims, whether…
2Cases cited3 opinions
- Sprout v. CrowleyWisconsin Supreme Court · 1872
- Pendleton v. BeyerWisconsin Supreme Court · 1896
- Linderman v. DisbrowWisconsin Supreme Court · 1872
3Cited by2 opinions
- Piotrowski v. CzerwinskiWisconsin Supreme Court · 1909
- Roelker v. Bromley-Shepard Co.Court of Appeals for the First Circuit · 1934